HomeMy WebLinkAboutCouncil Agenda Packet 02/18/2003 TOWN OF MAR.ANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
• February 18, 2003 7 :00 p.m.
Mayor Bobby Sutton, Jr. < •
Vice Mayor Herb Kai —
Council Member Jim Blake
Council Member Patti Comerford'
Council Member Tim Escobedo
Council Member Ed Honea
Council Member Carol McGorray
Town Manager Mike Hein
Assistant Town Manager Mike Reuwsaat
Welcome to this Marana Council Meeting. Regular Council. Meetings are usually held the
first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or
time may change, or Special Meetings may be called at other times and/or places. Contact Town
Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty -four
hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda.
If you are interested in spearing to the Council during Petitions and Comments, Public
Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council
Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to
the Mayor and Council whether individuals will be allowed to address the Council on issues other
• than Announcements, Petitions & Comments, and Public Hearings. All persons attending the
Council Meeting, whether speaking to the Council or*' root, are expected- to observe the Council
Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person
interfering with the meeting in any way, or acting rudely or loudly will be 'removed from the
meeting and will not be allowed to return.
To better serve the citizens of Marana and others attending our meetings, the Council
Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is
in need of special services as a result of their disability, such as assistive listening devices, agenda
materials printed in Braille or large print, a signer for the hearing impaired, etc., will be
accommodated. Such special services are available upon. prior request, at least ten (10) working
days prior to the Council Meeting.
For a copy of this agenda or questions about the Council Meetings, special services, or
procedures, please contact Jocelyn C. Entz, Town Clerk, at 682 -3401, Monday through Friday from
8:00 a.m. to 5:00 p,m.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Amended agenda items appear in italics.
Posted by February 14, 2003 by 7:00 o'clock p.m., at the Marana Town Hall, Marana Police
Department, Marana Development Services Center. D
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TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
• February 18, 2003 - 7:00 p.m.
I. CALL TO ORDER
H. PLEDGE OF ALLEGIANCE
III. INVOCATION/MOMENT OF SILENCE
IV. ROLL CALL
V. APPROVAL OF AGENDA je,/ m
VI. ACCEPTANCE OF MINUTES K — le - M
Minutes of the February 4, 2003 regular Council Meeting
VII. CALL TO THE PUBLIC /ANNOUNCEMENTS
At this time, any member of the public is allowed to address the Town Council on any issue
not already on tonight }s agenda. The speaker may have up to three (3) minutes to speak.
Any persons wishing to address the Council must complete a speaker card (located at the
rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item
being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the
• Public, individual members of the Council may . respond to criticism made by those who
have addressed the Council, may ask staff to review the malter, or may ask that the matter
be placed on a future agenda.
VIII. STAFF REPORTS
IX. GENERAL ORDER OF BUSINESS
A. CONSENT AGENDA V-6161-1
The consent agenda. contains agenda items requiring action by the Council which are
generally routine items not requiring council discussion. A single motion will approve all
items on the consent agenda, including any resolutions or ordinances. A Council Member
may remove any issue from the consent agenda, and that issue will be discussed and voted
upon separately, immediately following the consent agenda.
1. Authorization for Police Department to Accept a Law Enforcement Block
Grant from the Arizona Criminal Justice Commission. (Dave Smith)
2. Resolution No. 2003 -13: Application for Liquor License: Person and
Location Transfer by a Limited Liability Company: Consideration of
recommendation to State Liquor Board for a No. 6 (bar) liquor license
application submitted by Bradley Peter Miller, on behalf of Bedroxx, located
at 4385 W. Ina Road (Jocelyn Entz)
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TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
• February 18, 2003 - 7:00 p.m.
3. Resolution No. 2003 -15: Application for Liquor License: New License and
Location Transfer by a Corporation: Consideration of recommendation to
State Liquor - Board for a. No. 09 (liquor store) liquor license appltcation
submitted by Stephen Michael McKinney, on behalf of Smith's Food &
Drug Centers, Inc. for Fry's Food & Drug #57, located at 7870 N. Silverbell
Road (Jocelyn Entz)
4. Resolution No. 2003 -14: Application for Liquor License: Person and
Location Transfer by a Corporation Consideration of recommendation to
State Liquor Board for a No. 09 (liquor store) liquor license application
submitted by Clare Hollie Abel, on behalf of Wal -Mart Stores, Inc., Wal-
Mart Supercenter #5031, located at 8280 N. Cortaro Road (Jocelyn Entz)
5. Resolution No. 2003 -18: Golf Villas A Dove Mountain: A replat of Lots 1
through 7 of The Gallery Parcel 3 project, recorded in Book 55, Page 27 of
Maps and Plats, to create Lots 1 through 20, Common Areas A and B, and
Tract A. The project will be a single family subdivision on 715 acres within
the Dove Mountain Specific Plan. The property is located north of Dove
Mountain Boulevard and east of Gallery Canyon Drive in a portion of
Section 23, Township 11 South, and Range 12 East (Joel Shapiro)
C.. Resolution No. 2003 -20 Acceptance of Continental Reserve Park (Jim
DeGrood)
/� GG B. COUNCIL ACTION
Q
J PUBLIC HEARING. Ordinance No. 2003.04: Amendment to Title 3.
Section 03.02 Definitions "Building Height". A request to change the
-// definition of Building Height, as described in the Town of Marana Land
Development Code, Title 3 — Definitions, Section 03.02 — Definitions "B ",
Buildin2 Hei ht ". (Joel Shapiro)
2. Resolution No. 2003 -21 Develo ment Agreement for Spare Time
En ( ike 11e in) / VZ? , -
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3. State Legislative Issues D' cussion(Direction/Action regarding all pending
bills before the Legislature (Mike Hein)
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TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
. February 18, 2003 - 7:00 p.m.
C. MAYOR AND COUNCIL'S REPORT
D. MANAGERS' REPORT
X. FUTURE AGENDA ITEMS
XI. ADJOURNMENT
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Bobby Sutton, Jr., Mayor
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1VIINUTES OF REGULAR COUNCIL MEETING ��V m?
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BRUAR 4 > 2Q03
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PLACE AND DATE
Marana Town Hall, February 4, 2003
I. CALL TO ORDER
By Mayor Sutton at 7:04 P.M.
II. PLEDGE OF ALLEGIANCE
Led by Mayor Sutton
III. INVOCATION/MOMENT OF SILENCE
Led by Mayor Sutton
IV. ROLL CALL
COUNCIL
Bobby Sutton, Jr. Mayor Present
Herb Kai Vice Mayor Present
Jim Blake Council Member Present
Patti Comerford Council Member Present
• Tim Escobedo Council Member Present
Ed Honea Council MemNbr Present
Carol McGorray Council Member Present
STAFF
Mike Hein Town Manager Present
Dan Hochuh Town Attorney Present
Jim DeGrood Development Services Admin. Present
Jocelyn Entz Town Clerk Present
Joel Shapiro Planning & Zoning Director Present
Jane Howell Human Resources Director Present
Attached is a list of public attendees.
V. APPROVAL OF AGENDA
Upon motion by Council Member Honea, seconded by Council Member Blake,
the agenda was unanimously approved.
F MINUTE S,OF REGULAR COUNCIL MEETING
MARANA TOWN HALL , X
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VI. ACCEPTANCE OF MINUTES
Upon motion by Council - NT6mber Escobedo, seconded by Vice Mayor Kai, the
minutes of the January 21, 2003 regular Council meeting were approved 6/0 with
one abstention by Mayor Sutton who was absent from the January 21s' meeting.
VII. CALL TO THE PUBLIGANNOUNCEMENTS
Carl Winters, Marana Health Center Board of Directors, spoke before the Council
regarding an upcoming calendar event He announced that the first annual
Recognition of Our History dinner was being held by the Marana Health Center on
April 4, 2003. He informed the Council that this event would be honoring Ora
Harn for her many years of service to the Marana community. He invited all to
attend.
Mr. Winters continued by presenting Dan Groseclose, Town of Marana's
Affordable Housing General Contractor, with a plaque in recognition of his
service to the Town and, especially, to the Marana Health Center over the years.
• He applauded Mr. Groseclose for his community spirit and commitment
Ora Harn, Associate Director of the Marana Health. Center, invited everyone to
participate in an upcoming blood drive on February 11, 2003. She noted that the
bloodmobile would be parked at the health center from 8:00 to 11:00 a.m. on that
Tuesday. She urged everyone to donate.
Kristen Rickus, Den Leader, introduced Cub Scout Pack 219 from Coyote Trails
& Twin Peaks elementary schools to the Mayor and Council. The young men
were in attendance at this meeting in order to earn a citizenship badge. The
group of 4th graders included John McKearney, Cary Kelly, Zach Cotsonas, Andy
Rickus, Jesus Almada, Skyler Connor and Kyle McCutcheon.
Jane Howell introduced the newest member of the Human Resources staff, Lisa
Jones. Ms. Howell related to the Council that Ms. Jones been a longtime
employee of the Alphagraphics Corporation and brought to the Town fourteen
years of experience in the human resources field.
Vice Mayor Kai welcomed Robert Condit, Manager of the Cortaro Water Users
Association, back from his recuperation after surgery. He said that he was very
glad to see Mr. Condit back on his feet
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VIII. STAFF REPORTS
There were no questions regarding the staff reports. _
IX. GENERAL ORDER OF BUSINESS
A. CONSENT AGENDA
1. Resolution No. 2003 -16 Exchange a portion of the Town of Marana public
rights -of -way of Artesiano Road for the New Continental Reserve Loop
(Farhad Moghimi)
2. Discussion /Action Disposition of current municipal facility at 13251 N. Lon
Adams Road (Mike Hein)
Upon motion by Council Member Blake, seconded by Vice Mayor Kai, the
consent agenda was unanimously approved.
B. COUNCIL ACTION
1. PUBLIC HEARING: Ordinance No' : 2003.02: Southwest corner Flying
Diamond & Camino de Oeste This item was continued froth the January
21, 2003 meeting. A request to rezone approximately 9.56 acres from "C"
(Large Lot Zone) to "R -144" (Residential - 144,000 square feet per lot)
located at the southwest corner of Flying Diamond and Camino de
Oeste, in Section 12, Township 12 South, Range 12 East (Joel Shapiro)
Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai,
unanimous approval to go into public hearing was given.
Jim DeGrood addressed the meeting and said that the Town staff had
worked with the property owner in developing eight conditions identified
within the proposed ordinance. He explained that these conditions
basically granted the Town the necessary rights -of -way for Camino de
Oeste, provided for any necessary roadway improvements based on the
proposed development submittals, required that any lot splits be brought
before the Town staff for approval, and required verification that the
property in question had been annexed into the Northwest Fire District.
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Doug Wright, President of Commercial Investors Realty and
representative for Cheng Holdings Limited Partnership, spoke before the
Council regarding diWrequest. He reported that the property owner had
decided upon a site envelope approach to the development in order to
ensure that there would be minimal disturbance to the property during
construction. He remarked that archaeological as well as critical habitat
surveys were in progress and the reports were scheduled for completion
any day. He added that the property owner was agreeable to all of the
listed conditions proposed in the ordinance. He pointed out that the
owner had purchased a 35' strip of land which put the entire property size
over 10.07 acres and brought the project up to compliance. This new land
addition would be used strictly as a buffer to the southern property line
and could not be used as a roadway or be built upon.
Mayor Sutton called the meeting out of public hearing with unanimous
approval from the Council.
Upon motion by Vice Mayor Kai, seconded by Council Member Honea,
Ordinance No. 2003.02 with the listed conditions was unanimously
approved.
2. Resolution No. 2003 -17: Twin Peaks Highland Preliminary Plat A
request to construct a 114 -unit single- family subdivision on 29.78 acres
in a portion of the Pima Farms North Specific Plan. The project is
located south of Silverbell Road, adjacent to the Twin Peaks
Manufactured Home subdivision in a portion of Section 20, township 12
south, Range 12 East (Joel Shapiro)
Mr. DeGrood spoke before the Council and briefly explained the history
of this project. He commented that the Town staff had been working
extensively with the applicant in terms of addressing concerns regarding
the proposed development. He recommended approval of the resolution
with the listed conditions.
Barbara Rose, Pima County resident living adjacent to the proposed
project, spoke before the Council regarding her concerns. She reported
that numerous meetings with the developer, D.R. Horton, had taken place
over the last few months and she complimented this firm on their sense of
cooperation and efforts to perform more sensitively to the environment
than ' prior projects.. She said that her group still had serious
reservations regarding the designation of critical habitat, particularly the
acreage bordering the Safford Peak wash. She asked if the Town staff
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MINUTES. OP REGULAR COUNCIIjMEETING..
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would meet with her group in order to discuss mitigation of these
properties and, possibly, have these properties incorporated into the
Habitat Conservati7ofi7 Flan being developed at this time. She stated that
another serious .concern involved the mesquite bosque that had been
incorporated into plans for a community park and drainage area. She
voiced her hope that this area would be preserved in its natural vegetative
state and added that the U.S. Department of Fish and Wildlife also held
concerns regarding this area as well as other projects planned along
Safford Peak wash.
Mayor Sutton assured Ms. Rose that she would be a part of the ongoing
discussions regarding critical habitat and environmentally sensitive areas
in the Scenic Drive neighborhood. He asked for further clarification
regarding the encroachment on the natural washes.
Mr. DeGrood replied that the 4/4 delineation supplied to the Town by the
Army Corp of Engineers had been used in the determination of land use
along the wash areas. He said that several trails along Scenic Drive had
been looked at in terms of further preservation of natural vegetation in the
retention basin.
Mayor Sutton commented that the Town was well known for keeping
properties in their natural state if at all possible unless detrimental to the
vegetation. He said that the critical habitat issues were important and the
Town was not in a position to negotiate on those mandatory federally -
imposed conditions.
Council Member Comerford inquired about lots 24 through 38 where the
properties did encroach upon the wash. She asked if the property along
the fence line would be kept in its natural state and what methods the
Town would use to enforce compliance.
Mr. DeGrood replied that there would be a number of safeguards in place
regarding this natural area. He noted that the property would be shown
on the final plat as a preserved area and that there would be Covenants,
Conditions, and Restrictions (CC&Rs) written against the property and
enforced by the home owners association (HOA) who would be held
responsible by the Town He , concluded by stating that there could be
other, instruments recorded during the final platting process that would
further ensure the preservation of this area.
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Vice Mayor Kai asked about disclosures to potential property buyers
regarding the natural gas lines running through the properties.
Mr. DeGrood replied that the El Paso natural gas line would be identified
not only on the final plat but also in the public report He said that there
would be additional formal marking in the field as well.
Upon motion by Council Member Blake, seconded by Council Member
Escobedo, Resolution No. 2003 -17 with conditions was unanimously
approved.
3. State Legislative Issues - Discussion/Direction/Action regardinZ all
Rending bills before the Legislature (Mike Hein)
Mayor Sutton reported that Michael Racy, Lobbyist, was not in attendance
and that a full legislative report would not be given at this time. He
commented that urban revenue sharing had not been cut from the State 's
budget as of yet.
Mike Hein spoke regarding this item. He gave a brief outline of several
bills before the Legislature that were pertinent to Marana and confirmed
that while cities and towns would experience a severe decline in funding,
the urban revenue sharing program had not been cut by the State.
Council Member Blake inquired about certain services possibly being
mandated down to the municipalities and counties and he went on to
comment that this type of action would be the same as cutting the shared
revenue funding.
Mr. Hein replied that there were certainly some methods of State budget
cutting that would be perceived as funding cutting at the municipal level.
He said that the Town would not be relying on the State for any additional
funding and would be trying to buttress the Town's existing financial
position.
Ora Ham asked for support from the Town in her lobbying efforts
regarding funding for school -based health clinics, specifically Kids Care.
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MINUTES OF.REGULAR COUNGII; MEETING - ::
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She explained that budget cutting regarding tobacco tax monies had
threatened the funding of Kids Care. She emphasized the fact that this
was an issue that should not only be a concern to the MHC but also the
Town of Marana in terms of the safety and well being of the community's
children She asked to have Kids Care included in the management staffs'
efforts when lobbying for legislative items in Phoenix.
C. MAYOR AND COUNCIL'S REPORT
Council Member Escobedo reported that he had participated in the Town's
first Community Emergency Response Team program session of which MPD
Officer Bill Derfus led as the certified instructor. It was held at the Sunflower
Community Center and there were 65 participants at this first time offering.
He remarked that this was a fantastic project and that everyone should be
watching for this program to be enlarged within the town itself to other local
Marana communities. He said that he would keep the public and Council
abreast of any new developments.
Vice Mayor Kai reported that he and Brad DeSpain, Utilities Director, had
attended a function in Phoenix to meet all of the new Arizona State legislators
at Bud Brown's Barn He added that he and his wife, Diana Kai, who is a
member of the CAWCD Board, had attended a luncheon with the General
Manager and the Deputy General Manager of the CAWCD and had
discussed issues such as trails.
Mayor Sutton reported that he had attended the Governor's Tucson
Inauguration ceremony recently held at the Tucson Convention Center and
that he looked forward to southern Arizona, especially Pima County, having
a better relationship with the State after the record Democratic voter turnout
during the election of Governor Napolitano.
D. MANAGERS' REPORT
There were no reports given at this time.
X® FUTURE AGENDA ITEMS
Council Member Escobedo asked that two items be added to the next Council
agenda. The two items were investigating the costs of providing helmets and
vests to the graduates of the Community Emergency Response Team program
and to direct the Town staff to look at setting aside a portion of the Marana
Development Code for future medical facilities.
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Mayor Sutton added to his report by saying that, even with the current Marana
population being only 15,000 - 17,000, the Town still had 65 residents volunteer to
join the Emergency Responge Team program. He commented that there was a
second list begun and this was only in one small area of the town. He said that
this was certainly a testament of the large amount of human capital available in
Marana that he is always touting. He commended the citizens for their
community spirit.
XI. ADJOURNMENT
Upon motion by Council Member Escobedo, seconded by Council Member
Blake, approval to adjourn was unanimous. The time was 7:47 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the
Marana Town Council meeting held on February 4, 2003. I further certify that a
quorum was present
Jocelyn Entz, Town Clerk
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MARANA
STAFF REPORTS TO COUNCIL
� Building Parks & Rec
Town Clerk Planning
Court Police
Finance PW /Engineering
Human Resources N/ Water
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� Planning Department
January 2003 Monthly
Stall Report
Strategy
� N Objective
PoLc Q
oal
The following represents highlights of Planning Department Activity during January:
S
New Projects: The following new projects have been submitted for review:
Bank One Development Plan- Cortaro Road and Arizona Pavilions Drive
Bank One Corporation, represented by DPA Architects, Inc., has submitted the
Development Plan for a new Bank One branch. The project is located within the
Continental Ranch Specific Plan area on Lot 4 of the subdivision plat for Parcel 63A
Continental Ranch, Lots 1 -4, located at the northwest corner of Cortaro Road and
Arizona Pavilions Drive in a portion of Section 26, Township 12 South, Range 12 East.
The project consists of a 4,376 square foot building housing the financial institution and
future retail space, together with 41 on -site parking spaces and landscaping, on a 1.52
acre site. Access to this project will be provided by driveways on Courtney Paige Lane
and Jenna Nicole Lane. Upon completion of the staff's review, this Development Plan
will be considered by the Planning Commission.
Blockbuster Video Development Plan
Preferred Retail Store Developers LLC, represented by the WLB Group, Inc., has
submitted the Development Plan for a new Blockbuster Video Store. The project is
located within the Continental Ranch Specific Plan area on Lot 8 and a portion of Lot 9
of Continental Ranch Retail Center, Lots 1 thru 9, between Arizona Pavilions Drive and
Wal -Mart Loop Road. The project consists of a 6,158 square foot store, together with 38
on -site parking spaces and landscaping. Access to the new store will be provided from
Wal -Mart Loop Road. Upon completion of the staff's review, this Development Plan
will be considered by the Planning Commission.
Tangerine Water Users Rezone
The Town has initiated the rezoning of approximately 40 acres north of Benta Vista and
south of Tangerine Road in the Southeast' /4 of the Northwest' /4 of Section 5, Township
12 South, Range 12 East from "C" (Large Lot Zone) to MU -1 (Mixed Use) to allow for
continuing use of residential and commercial properties and to provide for orderly
growth. The Town has worked extensively with the Tangerine Water Users Group,
residents of the proposed rezoning area, in the establishment of a new Mixed Use zoning
classification to accommodate the variety and types of uses found in the neighborhood
which would enhance and promote business opportunities and orderly development. The
new district designation and development regulations were approved by the Town
Council on December 17, 2002, with the intent of rezoning the neighborhood to MU -1
upon the establishment of the new zone. This rezoning will be considered by the
Planning Commission and Town Council.
Landscape Plans
The Planning Department has received the following Landscape Plans for administrative
review:
• Bank One - Cortaro Road and Arizona Pavilions Drive.
• Blockbuster Video
General Plan Update for Growing Smarter
• On November 5, 2002, the Town Council approved the Growing Smarter Update of the
Marana General Plan. Formal adoption for the plan is pending voter ratification. A
Town primary election is scheduled on March 11, 2003. Staff will be making a number
of informational presentations on the General Plan Update throughout the community
during February and early March.
Zoning Code Amendments
Mixed -Use Zone
As a part of the ongoing code revision process, staff has prepared a draft amendment
adding a new Section 05.11.08 - Mixed - Use -MU -1 to the Marana Land Development
Code. This new Section establishes a zone to promote and regulate existing low density
mixed —use areas of the Town, where existing mixed -uses are historically located, the
areas are transitioning into a more intensive use area and where public facilities and
utilities may be limited. The intent of the MU -1 district is to encourage orderly growth in
semi -rural areas, provide for semi -rural residential uses and allow limited commercial
and industrial development where appropriate, which are designed to be compatible with
surrounding uses. The Town Council approved the proposed amendment on December
17, 2002. Staff is currently processing a rezoning of the Tangerine Water Users
neighborhood south of Tangerine Road to MU -1
Protection of Cultural Resources
' Staff has drafted an amendment to the Land Development Code adding Title 20,
Protection of Cultural Resources. The proposed ordinance addresses guidelines and
specifications for the documentation and protection of archaeological and other cultural
resources and encourages sensitive development within the Town. Its intent is to
preserve cultural resources within the Town and protect and perpetuate the unique
character of the geographic area where existing sites, objects, archaeological remains,
architecture or other records of past eras can be of enduring value to the people of the
Town in advancing education and appreciation of cultural heritage.
The Planning Commission held a public hearing on the draft on December 18, 2002 after
which the Commission recommended approval. Town Council consideration is pending.
Title 3, Section 3.02, DEFINITIONS, "Building Height"
A public hearing before the Planning Commission was held on January 22, 2003 to
consider a requested amendment to Section 3.02, DEFINITIONS, "Building Height" of
the Marana Land Development Code to change the definition of building height to create
a consistent, uniform and more definitive definition, similar to that of the Pima County
Zoning Code and that of other communities. The Planning Commission is forwarding a
recommendation to the Town Council for approval. Council consideration is scheduled
for February 18, 2003.
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TOWN OF MARANA
MUNICIPAL WATER SYSTEM
DEPARTMENT REPORT
For: January 2003
Water
The Elixir of L fe
Date: February 10, 2003
MARANA
1l\
TOWN OF MARANA
TEAM WORK—
Is all staff working together in outstanding ways, with extraordinary cooperative effort
to accomplish ordinary tasks
TO: Mayor Bobby Sutton, Jr.
Town Council
Mike Hein, Town Manager
Mike Reuwsaat, Assistant Town Manager
FROM: Water Department Staff
SUBJECT: January 2003 Department Report Update
DATE: February 10, 2003
CUSTOMER INFORMATION
1465 Number of Customers Billed in January
15 Number of Disconnects in January
54 Number of New Connects in January
32 Number of New Services with Meter Installation
15,689,484 Total Gallons sold in January
21.45 Acre feet pumped (non -trust wells) Picture Rocks, Happy Acres, Palo
Verde, Airport, Sky Diving Center, Continental Reserve and Hartman
Vistas
28.79 Acre -feet wholesale water purchased (trust wells) Marana, La Puerta,
Oshrin, Falstaff, Honea, and Cortaro Ranch
(325,851 gallons = acre foot)
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DAILY OPERATIONS
1. Well checks and chlorination done 3 days weekly.
2. Well meter and hour meter reads done every Monday.
3. Quarterly nitrate samples and routine BAC -T sampling done.
4. 2 backflow tests completed for Town of Marana properties (Parks and Irrigation).
5. Flushed Price Lane dead end.
6. Continued G.I.S. mapping program with Chris Mach using G.P.S.
7. 146 Blue Stakes completed in January.
8. 32 Meter Installs completed.
9. Cleaned, painted and verified radio read accuracy for all meters.
10. Installed new 1 inch service for Marana Food Bank.
11. Installed new blow off assembly for Price Lane 6 inch dead end.
12. Repaired broken main on Grier Road.
13. Repaired service on Wade Road.
14. Springs 1 million gallon reservoir filled; waiting for PCDEQ approval.
15. Airport Fire suppression system complete; testing, etc. for final approval and
acceptance in progress.
16. Bid invitation for Telemetry master move and antenna direction change to
Operations Center.
WATER SERVICE AGREEMENTS BEING NEGOTIATED
. 1. Rancho Marana /Clark Farms in discussion. Farm Field 5 Water Service Agreement
in progress.
2. Agreements for Construction of Facilities under Private Contract with each
homebuilder in Continental Reserve.
3. Cortaro Ranch Phase II with D.R Horton.
4. Sunset Builders line extension design in review for Picture Rocks System at Tres
Casas.
5. 6 inch main loop Camino Verde and Tres Casas design completed; construction
costs being determined.
OTHER
1. Purchase of Type II Non - Irrigation Rights for parks and other needs.
2. Managed Recharge Application filed May 1, 2002. Intergovernmental agreement
final draft to be completed.
3. Water Department to move to Marana Operations Center February 12, 2003. Our
new address will be 5100 W. Ina Road. Our new phone number will be 545 -1264.
During the transition, you may need to reach us on our cell phones temporarily.
2
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� = PUBLIC WORKS
MARANA
STAFF REPOR
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February 2003
Capital Improvement Projects (Staff Reporf for the
month of January)
The following are capital improvement projects in design.
Ina Road Improvements Capital Improvement 1-4
Silverbell Road Improvements Projects in Design
Cortaro Road to Ina Road 1 -10 to Silverbell Road
This project consists of reconstructing the This project consists of roadway improve - Capital Improvement S
roadway to four lanes with curb and gutter, ments and construction of two new f; Projects In Construction
multipurpose lanes and sidewalks; provid- bridges, including design and reconstruc- € Recently Completed 6
ing a continuous center turn lane and tion to widen to four lanes with multiuse Projects
intersection improvements at Ina/Silverbell, lanes, median island, curb, curb and Traffic Division Report
which includes a new traffic signal system. gutter and sidewalk installation, drainage t
improvements, landscaping, signal Public Works Art g
Estimated construcSon time: Fall 2003 modifications, artwork and street lighting. Projects Committee
Project is 1.1 miles in length.
Status: Environmental, Biological, DCR,
Geotechnical Report, Pavement Design mated construction time: Spring 2005 V17
Summary, and Archaeological reports are
complete. 404 Permit application has been
submitted; review with the Army Corps of Status: 404 Permit application has been I
Engineers (ACOE) is ongoing. First year of submitted. The DCR and 30% plans and
Pigmy Owl Survey has been completed. supporting documents have been re-
Consultant is preparing for 95% Improve - ceived and are under review. The Traffic PUBLIC WORKS
ment Plan submittal. Consultant is working Impact Analysis and the Phase I Environ-
on sewer basin study and preliminary mental Site Assessment are complete and MISSION AND VALUES
sewer design. ALOE is reviewing the Data have been accepted. Draft Access
The Marana Public Works
Recovery Work Plan as submitted by Old Management Report has been received,
Pueblo. reviewed, and comments have been It Department is committed to
returned to the consultant. Access Providing quality service by
Management letters have been distributed consistently delivering and
to the abutting property owners. maintaining reliable, safe
Consultant and the Town are preparing for ' public facilities with a
the open house on Access Management. productive, respectful and
k
ethical workforce. "
Our operating values are:
• Satisfaction
• Respectful
s
• Communication
• Reliable
• Productive
• Quality
• Ethical
Silverbell Road — Cortaro to Ina • Consistency
• Service
• Safe
s ty
• Integrity
• Cornrn#r ent
E
February 2003
Capital Improvement Projects in Design (continued)
Tangerine Road - Breakers to Thomvdale Road, Coachline Boulevard
Desiqn Concept Report This project consists of providing sidewalk additions along
This project consists of drainage improvements and the east side of Coachline Boulevard from Twin Peaks to
repaving of portions of Tangerine Road. Drainage way No. 2.
Estimated construction time: Summer 2003 Status: 100% plans to be submitted to staff for review the
first week of February. Construction anticipated starting in
Status: Environmental clearances will need to be the Spring of 2003.
obtained and the various permitting requirements are
being addressed through Westland Resources. First year
of Pygmy Owl Survey has been completed. A biological
assessment has been completed and forwarded to EPA Twin Peaks Interchange
for consultation. A 404 permit application is being This project consists of environmental clearances, DCR
prepared; including an archaeological survey for this and 15% plans for the corridor alignment.
portion, which has been completed. The design for
drainage and paving improvements has been put on hold. Estimated Construction Time: 2006
Town has decided to pursue a maintenance oriented
program for the road. Status: Town staff is in the process of evaluating the work
items task list and associated fees submitted by URS.
Consultant has been provided a draft contract agreement.
Staff reviewing comments from consultant on the draft
contract agreement.
Tangerine RoadtThomvdale Road Intersection
Improvements
This project consists of design and construction for
intersection improvements.
Estimated construction time: Summer 2003
Status: Town continues discussion with the property
owners for takings on the northwest comer. Environmental
clearances are continuing. Consultant is finalizing the
design. Pygmy Owl Survey and 404 permit process was
initiated in September 2001. The biological assessment
for this project has been combined with the report for the
Breakers to Thomydale Road segment and as previously
stated, has been submitted to EPA for consultation.
Page 2 P WO RKS
February 2003
Capital Improvements in Design (continued)
District Park Bank Protection a..... _ , ._.. 2003 Pavement Preservation „
This project consists of providing bank protection along the This project consists of annual pavement rehabilita-
west bank of the Santa Cruz River from Ina Road to Cortaro tion projects throughout the Town limits.
Road.
Status: An inventory of the roads within the
Status: Tetra Tech is currently working on the design of the Continental Ranch area is currently underway. The
bank protection with 90% plans anticipated at the end of program this year will provide slurry seal to these
February. An individual 404 permit application has been roads..
submitted to the Army Corps of Engineers. This area has
now been designated as critical habitat.
Linda Vista Boulevard
This project consists of chip sealing approximately 3/4
mile of roadway from Camino de Marana east to ap-
Thornydale Road /Orange Grove Road to CDO Wash proximately Hartman Lane.
This project consists of widening to six lanes with multi-
purpose lanes, sidewalks, curb and gutter, traffic signal Status: Tetra Tech is working on drawing for the
modifications, storm drains, and reconstructing the intersec- improvements to the roadway. Construction is
tion of Thomydale Road/Orange Grove Road along with anticipated to begin in spring 2003.
improvements on the south, west and east legs accordingly.
Status: The revised scope of work is completed and will be
submitted to the consultant for review /comment and fee
proposal. Westland Resources, Inc. is performing worts on Northwest Marana Town Center, Master Plan
the environmental services. Proje
This project will provide Master Plan Services for fur -
ther planning and conceptualization to set design and
development standards to facilitate the urbanization of
Santa Cruz River Shared Use Path, Phase I and 11 the Northwest Marana Town Center.
Santa Cruz River Shared Use Path consists of a 14' wide
paved asphalt path from Cortaro Road to Coachline Blvd. Status: The Durrant Group and McGann and Associ-
ates are working with the Town to provide a more
Phase I consists of a building a shared use path between detailed development of the Southwest Urban Village
Cortaro Road and Twin Peaks Road in the over bank area of concept for the Northwest Marana Town Center as
the Santa Cruz River. Phase 11 consists of a continuation of thematically embodied in the general guidelines of the
the shared use path in Phase I from Twin Peaks to Coach- Marana General Plan and the Northwest Marana Area
line Blvd. Each phase is partially funded under ADOT's Plan. The Town Center will provide the friendliness of
Transportation Enhancement Program. Construction will an urban village neighborhood, emphasizing pedes-
need to be completed in phases to properly track the ADOT trian and cyclist friendly tree lined boulevards. Street
funds; however, design can be completed as a single pro- lighting and other streetscape features are conceived
jet as reflecting this pedestrian usage and access to
commercial areas rather than the street lighting used
Status: The Project Assessment and final DCR have been to emphasize the functional support of vehicular traf-
approved by ADOT. An environmental determination has fic. The Town is taking a very proactive stance toward
been submitted separately by Westland Resources and the development of this area to promote interest and
ADOT comments on the environmental determination have support of the urban village core/neighborhood
concept to begin in Spring 2003.
been received. Town staff has received SOQ's for final
design of the shared use path. Selection is currently on hold
due to uncertainty over the alignment of Phase I.
Page 3 PUBLIC WORKS
February 2003
Capital Improvements in Design (continued)
Town of Marana, Northwest Marana Town Center De- Northwest Marana Town Center Roads Infrastructure and
sign and Development Offsite Improvements .
Three projects are ongoing to master plan and establish This project will design and construct the offsite utJfies, roads,
the layout, ambience, and design standards of the North- landscape, and other infrastructure and establish the layout of
west Marana Town Center. the main Town Center corridors. Current design concept has
- a main approach street terminating in a T or three approach
Town of Marana Municipal Complex (Marana round -a -bout in front of the new Municipal Complex. The
"MuniPlex ") island in the middle of the round -a -bout will have a monumen-
This project consists of the design and construction of a tal statement for the Town Center expressing the values of the
new Town Government Complex to house the Town of Town. The current design and construction will encompass the
Marana staff. This complex will be located on 20 acres Civic Drive from Barnett Road to Lon Adams, and Marana
west of the current Town Hall location. The design by Main Street from the Civic Drive Roundabout to Grier Roac.
Durrant Group Architects will integrate the MuniPlax and with future Extension of Marana Main north of Grier Road tc
surrounding facilities with the Ora Mae Ham Park. The connect to Sandario Road. The work will include utilities.
construction of the main building(s) and facility core is to including a sanitary effluent collection system, sidewalks.
be done via a Construction Manager at Risk process with landscaping, streetlights, and streetscaping as well as the
the selected CM, D.L. Withers, being involved in the pro- roads.
ject during the pre - construction design development stage
for value engineering, constructability reviews, technical Status: WLB, the engineer, has designed the road and utility
reviews, cost engineering and estimating, planning, improvements. WLB has submitted drawing to Pima County
scheduling, and serving as the Construction Manager and Waste Management for approval and permitting of the sewer,
Prime Contractor during construction. the first item of construction along with other necessary utilities
to support construction and occupation of the nearby apart-
Status: The main design for a two- winged structure en- ment complex. There will be two construction contract
compassing a central patio, with one three story curved packages: Phase 1 for the new sewer collection line and road
wing housing the Town administration and the other two grading, and Phase 2 for the other utilities, road paving,
story wing housing Marana Police Department and the sidewalks, curbs, street lighting and landscape. The street
Justice Courts. The curved structure reflects the new design, landscaping and hardscaping is developed as a boule-
roundabout intersection of Marana Main Street, which will vard and will carry the Town Center theme throughout the
extend to an intersection with Sandario Road and Civic Northwest Urban Center, with a series of "gates' to announce
Drive, the first quarter of a ring road that will extend to travelers and residents that they are "in' Marana, to estab-
around the Municipal Complex, Ora Mae Ham District lish a sense of identity and place as well as provide areas for
Part, and two quadrants to the south, creating a belt link- small commercial, and safe pedestrian cycling. The Town has
ing educational facilities, municipal facilities, the Park and elected to procure construction Phase 1 the sewer line and
other similar use development that will form the Town road grading by the Job Order Contracting (JOC) method, to
Center. A buff /brown stone with golden highlights ahs deliver use of the sewer collections system to the new Marana
been chosen by the building committee to clad the build- Apartments by June 1, 2003. Centennial Contractors Enter-
ing structure. Final design has allowed non -built out areas prise will subcontract the work and ground breaking is planned
inside the conditioned building for future growth, as well as for the last week of February. This phase of the project will
the planning of future structures to be added to the ends also set a sewer utility connection line to each of the properties
of the structure as needed for long -term growth. on Grier Road, with a follow -up work delivery order to connect
D.L. Withers, the CM approved by the Town Council, those residents who desire connection.
has been assisting the Town with review of and recom-
mendations on the final design as well as selection of ma-
terials, value engineering and budget development. The
CM will develop a Guaranteed Maximum Price (GMP) for
construction of the facility that will be presented to the
Mayor and Council for approval after successful negotia-
tion and agreement. The project is scheduled to have a
construction kick -off in February 2003 and a formal ground�
breaking ceremony on Founders Day in March.
t
Page 4 PUBLIC WORKS
February 2003
Capital Improvement Projects In Construction
The following are capital improvement projects in construction.
Cortaro Road Realignment � Continental Ranch Park, Parcels 13 8 14 Park -- • _ • • -• -
This project consists of realigning and widening Cortaro This project consists of developing a neighborhood park,
Road east of 1 -10 from the Frontage Road to Cerius including lighted ball fields, playground areas, picnic facili-
} - - - -. -- - - Stravenue. The existing road and - railroad crossing will ties, ball courts, a skate park, trails and �.
be abandoned and a new railroad crossing will be fitness courses. fr='
installed.
Status: The Town awarded the 1
Estimated construction time: January to July 2003 construction contract to Valley Rain
Construction on April 25, 2002, with a
Status: The contract was awarded to Dar -Hil Corpora- notice to proceed "date of authorization" of May 19, 2002.
' tion. Construction began January 6, 2003, and shall be Construction is, underway. and cn schedule. Project
completed around July 2003. completion is estimated for January 2003.
District Park Native Plant Salvage and
Improvements /Mitigation
This project consists of the removal, salvaging, and
replanting of the vegetation in preparation of park
Santa Cruz River Corridor Trail improvements.
This project consists of constructing approximately 3,500
linear feet multi -use path beginning at Sanders Road and Status: Ongoing.
heading eastbound along the top of the levee, along with
parking improvements.
Estimated construction time: Fall 2002 Wade Road
This project consists of an overlay on Wade Road starting
Status: Contractor has completed the work as specified at Ina Road heading north for approximately 1/2 mile.
within the original contract agreement. Additional work at
the site consists of landscaping, more parking improve- Status: Contractor has completed the work as specified
ments and building a block wall. in the original contract agreement. Shoulder build up will
be completed by the contractor.
Continental Ranch Park, Parcels 5 & 6 Addition
This project consists of additional parking at Coyote
Trails Elementary School and a park addition, including Costco Lighting
This project consists of completing the street lighting for
ball fields and a concession stand, on parcel 6 directly
east of Coyote Trails Elementary School. added safety along Costco Drive.
Estimated construction time: January 2003
Estimated construction time: Summer 2002® Winter 2002
Status: The contract was awarded to Contractors
Status: The Town awarded the project to M. Anderson West. Construction began January 13, 2003.
Construction Corp. on May 20, 2002, with a notice to
proceed date of June 26, 2002. The contractor
completed the parking lot modifications to support the
opening of school. The contractor is working to provide
the playing area closest to the school as soon as possi-
ble. The field and concession stand at the far end next
to the Santa Cruz are the last elements scheduled to be
completed. Project completion estimated for January
2003 /February 2003.
Page 5 PUBLIC WORKS
• February 2003
Recently Completed Projects
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Cortaro Road Improvements — I -10 to Silverbell Road: Completed October 25, 2002.
Ina Road /Silverbell Road Temporary Intersection Improvements and Temporary Traffic Signal Installation:
�.. 8. Februar�,28,- 2002�� - d:� . �M. <.�- ;.�•.�s.,.� �. � �... _.. �� .. >.� � ,_ R _.. , ._ > .� ., � . F�.
New Westbound Cortaro Road Bridge Over the Santa Cruz River: Completed March 15, 2002.
Hartman Lane Improvements: Completed Fall 2002.
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Page 6 PUBLIC WORKS
M
February 2003
i
Traffic Divisi � e on: o
o o
The Addition of a Right -Turn Signal Overlap on Flood Warning System for Orange Grove Road
Southbound Thornvdale Road at Orange Grove Road The Traffic Division is in the process of designing and
To facilitate the movement of the nea right-turning im lementin a Flood Warning System whose purpose is
vY ` im 9 Y P P
volumes on southbound Thomydale Road at Orange to alert motorists about flooding conditions on Orange
Grove Road, signal heads were installed in January that Grove Road at the Union Pacific Railroad Overpass. A
allow the implementation of a right -tum overlap on that brainstorming session (using the Total Quality Manage -
approach. The overlap arrow signal indications now ment problem - solving process) was held in December to
permit southbound right- surrir traffic to flow through the generate potential design and irplementation concepts.
intersection concurrently with the eastbound left - turning The meeting was attended by Traffic Division staff,
— — traffic on Orange Grove Rcad;'which - is - aIsc'very heavy:- Kimley -Horn and Associates sta:f, a- representative °or
The implementation of the -southbound-,right-turn overlap Solar Traffic- Controls. The Flood Warning System will
has greatly enhanced the traffic operations at this consist of a series of warning sign /beacon assemblies
intersection. strategically located along Orange Grove Road and the
surrounding road network that will be activated by radio
technology in the event of flooding at the overpass.
The Installation of Protected Left -Turn Phasing at the
Ina Road — Meredith Boulevard Intersection
In order to increase the margin of safety for left- turning New Traffic Signal Mast Arm for the Thornvdale
motorsts on -lna. Road- at, Meredith Boulevard,-the,existing.. Road-- Costco.DrIve tnterection .-
permissive /protected left -tum phasing will be replaced with A 55 -foot mast arm will be installed for the southbound
protected -only phasing. To accomplish this change, new Thornydale Road approach to Costco Drive, replacing the
50 -foot mast arms, signal heads, and other hardware will existing 50 -foot mast arm. The new, longer mast arm will
need to be installed. In addition, the signal timings at the provide improved signal head placement, enhancing the
intersection need to be modified. It is expected that the traffic safety at this location.
required work should be completed within the next several
months.
The Installation of Pedestrian Traffic Signals at the Ina
Road-Silverbell Road Intersection
Pedestrian traffic signals will be installed for pedestrians
crossing the north and south legs of Silverbell Road at Ina
Road. In addition, the stop sign currently posted for the
channelized right turn on northbound Silverbell Road will
be relocated to a point closer to the intersection. It is
expected that both of these improvements should
significantly increase the safety at this location.
t
Page 7 PUBLIC WORKS
H
February 2003
Public Work Art Project Committee Report
y"`{aL'*:M!Mnk 7a`r:`�'�9`,' W. N�''h%ki:. Y!vk +!i7 �'I." yt"sG9.IrlCAR' "F:. `Ra+;aYsws+w'..�1, >� arof%!A- >J�.':s � r.r4+P'•` y4++nis`..X:?�,tP ;4f•.:'�a Ik^i.f4V,rmPfF: '4 4 = :.�`i .,.«;+vCB.�.'x + ,s<..aa �: �M.*«I� rib -'AdF -'.. at .,* ., .-.wr .. <'nr e.:Pr.a
The Public Art Project Committee met on January
15, 2003 .
The committee discussed the addition" af`two "new
members, Nancy Lutz and Margaret Joplin, for six
months.
The committee reviewed and recommended approval i
Of ° the � conceptual designs for' the " Nark' - projects ` }
artwork. Vice Chair Brian Jones will submit the z�
vriNN'^[T::tT^R+ ..rK.a.••+rr «e.•.r a+s!..+wrr. Rw++rwwRR...rJ1.�^ sR+�"+.aa:*_ - +a`y' x.+*d+w.r�ays-✓:.
color and concepts to Manager IV�ike Fein for f �
approval.
Ti
Committee Members
Curt Fnch,' Chair _
Brian ;!ones; �Vice•Chair
.t�aT �M@i.r. -e . - aa��.e., a. yv- .F'*txa xYrt a�*a"�;t,.'_r.�':bk�arka; �.t4 c . - .•�... x... ... ,. t.
- 1 S I1 a l l ' ly Jackson _
'�t!�►'`'ii�' `: �„'' YJ+ �' ier .' .. � .. � .. . ` / �fN�: M�K' l►.:+ �111Er. �+ iF* wHll�.,'€ a�►°. a'! 1R. "'�'1lr4bt�kti,i- +q.+t�+�Y,ef'�
Kathy Price
L
•
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Page 8 PUBLIC WORKS
TOWN TOWN
go COUNCIL OF
MEETING MARANA
INFORMATION
DATE: February 18, 2003
AGENDA ITEM: IX. A. 1
TO: Mayor and Council
FROM: David R Smith, Chief of Police
SUBJECT: Authorization for Police Department to Accept a Law Enforcement Block Grant from
the Arizona Criminal Justice Commission.
DISCUSSION:
The Bureau of Justice Assistance through the Arizona. Criminal Justice Commission provides
block grants to local governments.
The Arizona. Criminal Justice Commission approved a grant in the amount of $11,111 which
includes a mandatory 10% hard cash match, to be awarded to the Town of Marana upon receipt
of the completed application and a check in the amount of $1,111.
The grant will be used to upgrade the crime scene technician's digital photography equipment.
RECOMMENDATION:
Staff recommends approval for the police department to accept the grant with a 10% hard cash
match.
SUGGESTED MOTION:
I move that the Council authorize the Police Department to accept the Law Enforcement Block
grant and affirm the ability and willingness to provide the 10% cash matching funds.
MPD/DRS /02/06/03
TOWN TOWN
COUNCIL OF
MEETING MARANA
INFORMATION
DATE February 18, 2003
AGENDA ITEM: IX. A. 2
TO: Mayor and Council Members
FROM: Jocelyn C. Entz, Town Clerk
SUBJECT: Resolution No. 2003 -13: Application for Liquor License: Person and Location
Transfer by a L imited L iability C ompany: C onsideration o f r ecommendation t o
State Liquor Board for a No. 6 (bar) liquor license application submitted by Bradley
Peter Miller, on behalf of Bedroxx, located at 4385 W. Ina Road.
DISCUSSION:
Bradley Peter Miller, on behalf of Bedroxx, is applying for a new license for a No. 06
(bar) liquor license for premises located at 4385 W. Ina Road. The business is in
compliance, and the Marana Police Department, showing no record on file, has completed
a background check
In accordance with the State of Arizona Guide to Arizona Liquor Laws, the Clerk's office
• has received two copies of an application for,.a spirituous liquor license from the State
Department of Liquor Licenses & Control. 'One copy,.of the application has been posted
on the front of the proposed licensed premises for 20 days prior to this meeting.
The Council, as the appropriate governing board, must hold a meeting and either approve,
disapprove or offer a "no- recommendation" decision on the application. This action must
take place within 60 days of the filing of the application. During the time the governing
body is processing the application, the Department will conduct a background check of
the applicant.
If the application is approved at the appropriate government level, and no written protests
have been received by the Department, and if there is no objection by the Director, the
application will be approved. This process normally takes 90 days after the filing of the
application.
If the governing body disapproves the application or offers a "no- recommendation"
decision, or if protests have been filed with the Department, the application must be set
for a hearing before the State Liquor Board. The hearing may be conducted by the board
or by a designated hearing officer. The purpose of a hearing is to consider all evidence
and testimony in favor of or opposed to the .granting of a license. The applicant for a new
license bears the burden of demonstrating his or her "capability, qualifications and
reliability and that the granting of a license is in "the best interest of the community"
except that, in a person -to- person transfer, an applicant need only prove his
or her "capability, qualifications -and reliability ". An applicant in a location -to- location
transfer treed o nly p rove t hat t he granting o f t he 1 icense i s i n the "best interest of the
ADMIN/JCE/02 /09 /03/1:47 PM
community ".
• The decision by the Board to grant or deny an application will normally take place within
105 days after the application has been filed, unless the director deems it necessary to
extend the time period. A.R.S. 4 -201, 4- 201.01, 4 -203; Rule R-4 -15 -102.
RECOMMENDATION:
Bradley Peter Miller, on behalf of Bedroxx, located at 4385 W. Ina Road., has applied to
the State of Arizona Department of Liquor License & Control and has met the posting
requirements. The office of the Town Clerk has received no comments in favor or
against the application. Staff recommends consideration of approval of this liquor
license.
SUGGESTED MOTION:
I move to approve Resolution No. 2003 -13.
ADMIN/JCE102/09/03/1:47 PM
•
MARANA RESOLUTION NO, 2003 -13
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, RECOMMENDING THE APPROVAL OF AN
APPLICATION FOR A PERSON AND LOCATION TRANSFER BY A LIMITED
LIABILITY COMPANY OF A NO. 06 (BAR) LIQUOR LICENSE SUBMITTED BY
BRADLEY PETER MILLER ON BEHALF OF SPARE TIME ENTERTAINMENT
CENTER, LLC, FOR PREMISES KNOWN AS BEDROXX, LOCATED AT 4385 W.
INA ROAD.
WHEREAS, pursuant to A.R.S. Section 4 -201, the Town Council of the
Town of Marana is empowered to recommend approval or disapproval of a
liquor license request to the Arizona Department of Liquor Licenses and Control;
and
WHEREAS, Bradley ter Miller has applied for person and location
�' PF P
transfer by a limited liability company of a No. 06 (bar). liquor license for the
premises known as Bedroxx, located at 4385 W. Ina Road; and =
WHEREAS, Town staff filed one copy of the application in the office of the
Town Clerk, and posted the other on the front of the premises at 4385 W. Ina
Road for 20 days along with a statement requiring any bona fide resident
residing, owning, or leasing property within a one mile radius in favor of or
opposed to such issuance of the license to file written arguments in favor of or
opposed to such issuance with the Town Clerk; and
WHEREAS, the Town Council considered all statements filed by the
applicant and any bona fide resident at a public meeting on February 18, 2003,
and has determined that it is in the best interests of the Town and its citizens that
the application for a No. 06 (bar) liquor license for Bedroxx, filed by Bradley
Peter Miller for premises located at 4385.W. Ina Road be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Town of Marana, Arizona, that the Town recommends approval of the
application for a No. 05 (bar) liquor license for Bedroxx, filed by Bradley Peter
. Miller for premises Iocated at 4385 W. Ina Road.
Marana Resolution No. 2003-13 Page 1 of 2
• PASSED AND ADOPTED by the Mayor and Council of the Town of
Marana, Arizona, this 18th day of February, 2008.
Mayor BOBBY SUTTON, JR.
ATTEST:
Jocelyn C. Entz
Town Clerk
APPROVED AS TO FORM:
Daniel J. Hochuli
As Town Attorney and not personally
Marana. Resolution No. 2003 -13 Page 2 of 2
TOWN TOWN
COUNCIL OF
MEETING MARANA
INFORMATION
DATE February 18, 2003
AGENDA ITEM: IX. A. 3
TO: Mayor and Council Members
FROM: Jocelyn C. Entz, Town Clerk
SUBJECT: Resolution No. 2003 -15: Application for Liquor License: Person and Location
Transfer by a Corporation: Consideration of recommendation to State Liquor
Board for a new license for a No. 09 (liquor store) liquor license application
submitted by Clare Hollie Abel, on behalf of Wal -Mart Stores, Inc., Wal -Mart
Supercenter #5031, located at 8280 N. Cortaro Road.
DISCUSSION:
Clare Hollie Abel, on behalf of Wal -Mart Stores, Inc., Wal -Mart Supercenter #5031, is
applying for a No. 09 (liquor store) liquor license for premises located at 8280 N. Cortaro
Road. The business is in compliance, and the M arana P olice D epartment, s howing n o
record on file, has completed a background check.
In accordance with the State of Arizona Guide to Arizona Liquor Laws, the Clerk's office
has received two copies of an application for'' a spirituous liquor license from the State
Department of Liquor Licenses & Control. One copy of'the application has been posted
on the front of the proposed licensed premises for 20 days prior to this meeting.
The Council, as the appropriate governing board, must hold a meeting and either approve,
disapprove or offer a "no- recommendation" decision on the application. This action must
take place within 60 days of the filing of the application. During the time the governing
body is processing the application, the Department will conduct a background check of
the applicant.
If the application is approved at the appropriate government level, and no written protests
have been received by the Department, and if there is no objection by the Director, the
application will be approved. This process normally takes 90 days after the filing of the
application.
If the governing body disapproves the application or offers a "no- recommendation"
decision, or if protests have been filed with the Department, the application must be set
for a hearing before the State Liquor Board. The hearing may be conducted by the board
or by a designated hearing officer. The purpose of a hearing is to consider all evidence
and testimony in favor of or opposed to the "granting of a license. The applicant for a new
license bears the burden of demonstrating his or her "capability, qualifications and
reliability" and that the granting of a license is in "the best interest of the community"
except that, in a person -to- person transfer, an applicant need only prove his
or her "c.. "" =. abili , qualifications and reliability". An applicant in a location -to- location
ADMIN /JCE/02/09/03/1:42 PM
transfer n eed o my p rove t hat t he granting o f t he 1 icense i s i n t he "best interest of the
community".
The decision by the Board to grant or deny an application will normally take place within
105 days after the application has been filed, unless the director deems it necessary to
extend the time period. A.R S -4 -201, 4- 201.01, 4 -203; Rule R-4 -15 -102. —
RECOMMENDATION:
Clare Hollie Abel, on behalf of Wal -Mart Store, Inc., Wal -Mart Supercenter #5031,
located at 8280 N. Cortaro Road, has applied to the State of Arizona Department of
Liquor License & Control and has met the posting requirements. The office of the Town
Clerk has received no comments in favor or against the application. Staff recommends
consideration of approval of this liquor license.
SUGGESTED MOTION:
I move to approve Resolution No. 2003 -15.
• r.
ADMIN/JCE/02/09/03/1:42 PM
MARANA RESOLUTION NO. 2003-15
A. RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, RECOMMENDING THE APPROVAL OF AN
APPLICATION FOR A PERSON AND LOCATION TRANSFER BY A
CORPORATION OF A NO. 09 (LIQUOR STORE) LIQUOR LICENSE
SUBMITTED BY CLARE HOLLIE ABEL ON BEHALF OF WAL -MART STORES,
INC., WAL -MART SUPERCENTER #5031, FOR PREMISES LOCATED AT 8280
N. CORTARO ROAD:
WHEREAS, pursuant to A.R.S. Section 4- 201, the Town Council of the
Town of Marana is empowered to recommend approval or disapproval of a
liquor license request to the Arizona Department of Liquor Licenses and Control;
and
• WHEREAS, Clare Holhe Abel has applied for a person and location
transfer by a corporation of a No. 09 (liquor stare) liquor license for the premises
known as Wal -Mart Supercenter #5031, located at 8280N'. Cortaro Road; and
WHEREAS, Town staff filed one copy of the application in the office of the
Town Clerk, and posted the other on the front of the premises at 8280 N. Cortaro
Road for 20 days along with a statement requiring any bona fide resident
residing, owning, or leasing property within a one mile radius in favor of or
opposed to such issuance of the license to file written arguments in favor of or
opposed to such issuance with the Town Clerk; and
WHEREAS, the Town Council considered all statements filed by the
applicant and any bona fide resident at a public meeting on February 18, 2003,
and has determined that it is in the best interests of the Town and its citizens that
the application for a No. 09 (liquor store) liquor license for Wal -Mart Supercenter
#5031, located at 8280 N. Cortaro Road be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Town of Marana, Arizona, that the Town recommends approval of the
application for a No: '09 (liquor store) liquor license for Wal -Mart Supercenter
Marana Resolution No. 2003 -15 Page 1 of 2
#5031, located at 8280 N. Cortaro Road, filed by Clare Hollie Abet for premises
located at 8280 N. Cortaro Road.
PASSED AND ADOPTED by the Mayor and Council of the Town of
Marana, Arizona, this 18th day of February, 2003.
Mayor BOBBY SUTTON, JR.
ATTEST:
Jocelyn C. Entz
Town Clerk
APPROVED AS TO FORM:
Daniel J. Hochuli
As Town Attorney and not personally
Marana Resolution No. 2003 -15 Page 2 of 2
4
TOWN TOWN
COUNCIL OF
MEETING MARANA
INFORMATION
DATE February 18, 2003
AGENDA ITEM: IX. A. 4
TO: Mayor and Council Members
FROM: Jocelyn C. Entz, Town Clerk
SUBJECT: Resolution No. 2003 -14: Application for Liquor License: New License and Location
Transfer by a Corporation: Consideration of recommendation to State Liquor
Board for a No. 09 (liquor store) liquor license application submitted by Stephen
Michael McKinney, on behalf of Smith's Food & Drug Centers, Inc. for Fry's Food
& Drug #57, located at 7870 N. Silverbell Road.
DISCUSSION:
Stephen Michael McKinney, on behalf of Smith's Food & Drug Centers, Inc. for Fry's
Food & Drug #57, is applying for a No. 09 (liquor store) liquor license for premises
located at 7870 N. Silverbell Road. The business is in compliance, and the Marana Police
Department, showing no record on file, has completed a background check.
0 In accordance with the State of Arizona Guide,to Arizona Liquor Laws, the Clerk's office
has received two copies of an application for a spirituous liquor license from the State
Department of Liquor Licenses & Control. One copy of the application has been posted
on the front of the proposed licensed premises for 20 days prior to this meeting.
The Council, as the appropriate governing board, must hold a meeting and either approve,
disapprove or offer a "no- recommendation" decision on the application. This action must
take place within 60 days of the filing of the application. During the time the governing
body is processing the application, the Department will conduct a background check of
the applicant.
If the application is approved at the appropriate government level, and no written protests
have been received by the Department, and if there is no objection by the Director, the
application will be approved. This process normally takes 90 days after the filing of the
application.
If the governing body disapproves the application or offers a "no- recommendation"
decision, or if protests have been filed with the Department, the application must be set
for a hearing before the State Liquor Board. The hearing may be conducted by the board
or by a designated hearing officer. The purpose of a hearing is to consider all evidence
and testimony in favor of or opposed to the granting of a license. The applicant for a new
license bears the burden of demonstrating his or her "capability, qualifications and
reliability'! and- that the granting of a license is in "the best interest of the community"
except that, in a person -to- person transfer, an applicant need only prove his
or her "capability qualifications and reliability". An applicant in a location -to- location
ADMIN/JCE/02/09/03/1:41 PM
transfer n eed o my p rove t hat t he g ranting o f t he 1 icense i s i n t he "best interest of the
• community
The decision by the Board to grant or deny an application will normally take place within
105 days after the application has been filed, unless the director deems it necessary to
extend the time period. A.R.S-4 -201, 4- 201.01, 4 -203; Rule R-4 -15 -102. —
RECOMMENDATION:
Stephen Michael McKinney, on behalf of Smith's Food & Drug Centers, Inc. for Fry's
Food & Drug #57 located at 7870 N. Silverbell Road, has applied to the State of Arizona
Department of Liquor License & Control and has met the posting requirements. The
office of the Town Clerk has received no comments in favor or against the application.
Staff recommends consideration of approval of this liquor license.
SUGGESTED MOTION:
I move to approve Resolution No. 2003 -14.
i
ADMIN/JCF/02/09/03/1:43 PM
MARANA RESOLUTION NO. 2003-14
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, RECOMMENDING THE APPROVAL OF AN
APPLICATION FOR A NEW LICENSE AND LOCATION TRANSFER BY A
CORPORATION OF A NO. 09 (LIQUOR STORE) LIQUOR LICENSE
SUBMITTED BY STEPHEN MICHAEL MCKINNEY ON BEHALF OF SMITH'S
FOOD & DRUG CENTERS, INC. FOR FRY'S FOOD & DRUG #57, FOR
PREMISES LOCATED AT 7870 N. SILVERBELL ROAD.
WHEREAS, pursuant to A.R.S. Section 4 -201, the Town Council of the
Town of Marana is empowered to recommend approval or disapproval of a
liquor license request to the Arizona Department of Liquor Licenses and Control;
and
• WHEREAS, � PP Stephen Michael McKinney "has a p p lied for a new license and
p
location transfer by a corporation of a No. 09(liquor store) liquor license for the
premises known as Fry's Food & Drug #57, located at 7870 N. Silverbell Road;
and
WHEREAS, Town staff filed one copy of the application in the office of the
Town Clerk, and posted the other on the front of the premises at 7870 N.
Silverbell Road for 20 days along with a statement requiring any bona fide
resident residing, owning, or leasing property within a one mile radius in favor
of or opposed to such issuance of the license to file written arguments in favor of
or opposed to such issuance with the Town Clerk; and
WHEREAS, the Town Council considered all statements filed by the
applicant and any bona fide resident at a public meeting on February 18, 2003,
and has determined that it is in the best interests of the Town and its citizens that
the application for a No. 09 (liquor store) liquor license for Fry's Food & Drug
#57, filed by Stephen Michael McKinney for premises Iocated at 7870 N.
Silverbell Road be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
• Town of Marana Arizona, that the Town recommends approval of the
Marana Resolution No. 2003 -14 Page 1 of 2
application for a No. 09 (liquor store) liquor license for Fry's Food & Drug #57,
filed by Stephen Michael McKinney for premises located at 7870 N. Silverbell
Road..
PASSED AND ADOPTED by the Mayor and Council of the Town of _
Marana, Arizona, this 18th day at February, 2003.
Mayor BOBBY SUTTON, JR.
ATTEST;
Jocelyn C. Entz
Town Clerk
APPROVED AS TO FORM.
Daniel J. Hochuli
As Town Attorney and not personally
Marana Resolution No. 2003 -14 Page 2 of 2
4
TOWN COUNCIL TOWN
• MEETING OF
INFORMATION MARANA
DATE: February 18, 2003
AGENDA ITEM: IX. A. 3 — - —
TO: Mayor and Council
FROM: Joel D. Shapiro, Planning Director
SUBJECT: Resolution No. 2003 -18: Golf Villas aQ Dove Mountain: A request for approval of a Final Plat
for a 20-lot subdivision on 7.15 acres within the Dove Mountain Specific Plan. The project is
located north of Dove Mountain Boulevard, east of Gallery Canyon Drive, in a portion of Section
23, Township 11 south, Range 12 East.
DISCUSSION:
This application is being heard by Town Council with no recommendation from the Planning
Commission as stipulated in the Dove Mountain Specific Plan, Development Review
Procedures.
The project is a 20 -lot subdivision on 7.15 acres. It is a re -plat of Lots 1 — 7 of The Gallery
Parcel 3 recorded at Book 55, Page 27, Book, of Maps and Plats. .
All of the applicable provisions pertaining to the approved land use within the Specific Plan
are met in this project. The subject property is designated "LDR" (Low Density Residential) per
the Dove Mountain Specific Plan. Minimum required lot size is 6,000 sq. ft., whereas the average
lot size provided is 11,061 sq. ft. The project consists of lots 1 through 20 and Common Areas
"A°' and "B ", which will be maintained by the Homeowners Association, and Tract "x'
which will be deeded to the golf course. All streets are private and will be constructed to
applicable Town Standards. All of the lots will be on public sewer.
This project is subject to compliance with the Dove Mountain Conservation Plan regarding
native plants, wildlife and other natural resources found at Dove Mountain.
RECOMMENDATION:
Planning Staff recommends approval of Golf Villas @Dove Mountain.
SUGGESTED MOTION:
I move to approve Resolution No. 2003 -18:
MARANA RESOLUTION NO. 2003-18
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, APPROVING THE FINAL PLAT FOR GOLF VILLAS @ DOVE MOUNTAIN,
SUBMITTED BY THE KEMMERLY COMPANY, FOR A 20 -LOT SINGLE FAMILY
DETACHED HOME SUBDIVISION ON 7.15 ACRES LOCATED IN THE DOVE
MOUNTAIN SPECIFIC PLAN AREA, NORTH OF DOVE MOUNTAIN BOULEVARD,
EAST OF GALLERY CANYON DRIVE, IN A PORTION OF SECTION 23, TOWNSHIP 11
SOUTH, RANGE 12 EAST.
WHEREAS, The Kemmerly Company, is the owner of approximately 7.15 acres located
• north of Dove Mountain Boulevard, in a portion of Section 23, Township 11 South, Range 12
East, and has applied to the Town of Marana for approval of a Final Plat for that property, which
consists of a 20 -lot single family detached home subdivision including lots 1 through 20 and
Common Areas "A" and "B ", and Tract A; and
_ _ _WHEREAS, the Mayor and Council have considered the application at the regular Town
Council meeting held February 18, 2003; and
WHEREAS, the Mayor and Council have determined that approval of the final plat for
Golf Villas @ Dove Mountain, is in the best interests of the residents of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f
Marana, Arizona, that Golf Villas @ Dove Mountain, Final Plat, submitted by The Kemmerly
Company, for a 20 -lot single family detached home subdivision on 7.15 acres located north of
Dove Mountain Boulevard, in a portion of Section 23, Township 11 South, Range 12 East, is
hereby approved.
Marano Resolution No. 2003 -18 Page 1 of 2
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
• this 18 day of February, 2003.
Mayor BOBBY SUTTON JR.
ATTEST:
Jocelyn C. Entz
Town Clerk
APPROVED AS TO FORM:
Daniel J. Hochuli
• As Town Attorney
and not personally
Marana Resolution No. 2003 -18 Page 2 of 2
13 02 0 ; s ? ' = z;tntner`ly Company 52 G15 8902 P. 1
TOWN OF MARANA
Planning and Zoning Department
MA A 36% 9+t. Oratrge Grove Road + Tucson, AZ 85741
[ (520) 297 -2920 Fax! (520) 297 -3930
aro,emw
pLANNING & ZONING A PPLICATION
w� -
!d'
0 Preliminary Plat a General Plan Amendment O Variance
Final Plat D Specific Plan Amendment D Conditional Use Permit
9 Development Plan ❑ Rezone 'J Other
Landscape Plan O Significant Land Use Change
Native Plant Permit
t.:
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Assessor's Parcel Numbers) �7C3C Geneml Plan Designation t_oti cow tacµt TI
-xt 8 — r —tom Ta be coafum•d b s �• t R f lE tNr
Gross Area (Aore/Sq. FL) / c Current Zoning R”
t Y gars / ��4s d gig- o be confirmed b
DevelopmentlProject Nartte L F V t LLAX Ar Oa%e Nr rur!'A l Proposed Zotuag
Project Location A K It G Cs S{ZtM PS
Description of Project A ge _c s1N%j tS tctt,s of LcsFS L- ctF 1C iar Grp L4 -•04?4E L 3 j SK55 F&
Property Owner !§'r+'t►t+tFs Cam_{ G= f910_
Street Address 5 t 3. ttiy� tin]�[Ct�] (1p
City S Ae Zip Codeo Number Number E -Ma;A - gqo� -
Contact Person Phone Number
Applicant i vC AC, bW 1�.3 S
Street Address
City S tate Zip Code, Phone Number Fax Number E -mail Address
Contact Person Phone Number
Agent/Representative Klt° �- �ftE Ke.vlvtft L -`( G ytti Q� N+{
Street Address
City T ste I Zip Code Phone Number Fax Number E - jLAddress
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Kt`vrttrkttt_`( - yam
Contact Person t Town of Marina to ['41 LA
Business License No.
;.... _.yf '.0 i_.. ... r ..:. ... c.x .p. .. V ... ... - � � :r �i v - iu..+ •+•4 . _
1, the undersigned, certify that a of for facts set forth in this application are true to the best of my knowledge and that 1 am either the
owner of the property or that I h ve been gush wized in writing by the owner to file this application and checklist. (If not owner of
record, attach written authmi Ation from the owner.)
Pr' t Name of li catttlA Eent S to Date
FOR OFF1CY, U ONTLY e
Case No. &q 6W1(64 Diu Rexived OL-S-O Receipt No.
CRW No. ?MJ0a0q- X02 Rcoeivod By Fee Amount � 8g9 .3e, I
oeram
® LOCATION MAP
'mamARANA Golf Villas
PRV -02078
TOWN OF MARANA
O
Golf Vistas
Request to construct a 20 -tot subdivision
on 7.15 acres within the Dove Mountain
Specific Plan.
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BOOK __- _.PAGE___
T
1
TOWN OF MARANA
MARANA Planning and Zoning Department
• 3696 W. Orange Grove Road + Tucson, AZ 85741
(520) 297 -2920 Fax: (520) 297 -3930
PLA_NTNTLNG & ZONING APPLICATION
1.: TYPE OF APPLICATION (Cheek One)
❑ Preliminary Plat ❑ General Plan Amendment ❑ Variance
• Final Plat ❑ Specific Plan Amendment ❑ Conditional Use Permit
• Development Plan ❑ Rezone 1,U Other Amendment to Definitio of
• Landscape Plan ❑ Significant Land Use Change Building Height. Masan
• Native Plant Permit Land Dev. . Code 03.02
2.`' GENERAL DATA ':RE UTRED V;'
Assessor's Parcel Hartman Vistas, Lots 1- 367,B1oek General Plan Designation
Number(s) -- I& Common Areas A B C D (To be confirmed by staff)
Gross Area (Acre/Sq. Ft.) 157.33 AC (6,853,426 SF) Current Zoning VC, MR -1, R -6
(To be confirmed by staff)
Development/ Proposed Zoning
Project Name Hartman Vistas
Project Location SW Corner Hartman Lane & Linda Vista Boulevard
Description of Project Single Family Residences
Property Owner First American Title Co., Trust No.: 4981
Street Address City State
1880 E. River Rd., Suite 120 Tucson AZ
Zip Code Phone Number Fax Number
__ T M Address
` 85718 529 -5050 299 -2890 rturnipseed @firsts .com
• Contact Person Phone Number
Rachel Turnipseed 529 -5050
Applicant KB Home
Street Address City State
5780 N. Swan. Road Tucson AZ
Zi Code Phone Number Fax Number E -Mail Address
5718 577 -7007 577 -8972
Contact Person Phone Number
Curtis Lostutter 918 -2313
Agent/Representative KB Home
Street Address 5780 N. Swan Road City ucson AZ
Zip Code Phone Number Fax Number E -Mail Address
., 85718 577 -7007 577 -8972
Contact Person Marana Business License No.
Curtis Lostutter
3. AUTHORIZATION OF PROPERTY ONER
I, the undersigned, certif} that all of the facts set forth in this application are true to the best of my knowledge and that I am either the
owner of the property or that I have been ` on. f- of Qwner of record, attach
written authorization from the owner.) _ -� IMPMOM
Brigitte Echal7e
Print Name of A licant/AQent ignature ate
FOR OFFICE USE ONLY
i
AA
Case No. R i m — Date Re ived : ] 2PO2, Receipt No.
CRW No, PCI oa.� oZ — t � Received By Fee Amount 52S . MUM
r
•
December 16,2002
Joel D. Shapiro, A.ICP, Planning Director
Town of Marana, Development Services Center
3696 W. Orange Grove Road
Tucson, Arizona 85741
Rea Request for Amendment of the Definition of Building Heights
Marana Land Development Code (Section 03.02)
Dear Joel,
Please accept this letter with attachments as a formal request to amend the definition of
• "Building Height" as defined in the Marana Land Development Code (Section 03.02).
This request for amendment is being made in an effort to create a consistent, uniform,
and more definitive definition similar to the Pima County Zoning Code (Section
18.03.020). See attachinew
If you should have any questions, please do not hesitate to contact me at my office.
Sincerely,
Curtis K. Lostutter
Project Manager, I Home Tucson, Inc.
•
KB HOME TUCSON INC. 1 5780 NORTH SWAN ROAD I SUITE 100 1 TUCSON, AZ 85718
TEL 520 577 7007 1 FAx 520 299 2725 1 KBHOME.COM
Town of Marana Land Development Code (03.02)
Building Height. The vertical distance between the lowest point of grade abutting
the building to the Highest point of the building, excluding
chimnQ vents and antennae.
Requested Amended: The vertical distance between the level of the average finished
grade and:
1) The highest point of the parapet of a flat roof, (detail "A') or
2) The deckline of a mansard roof, (detail "B') or
3) Tlie mean average point between the eaves and ridge of the
highest gable, hip, gambrel or other such roof element;
provided, that the ridge line of the roof shall not exceed four
feet above the maximum permitted building height of the zone.
• (detail "C')
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AVERAGE POINT BETWEEN
EAVES AND RIDGE
"A.. 4%0„
PER IRC 502.1 AND PIMA COUNTY DEFINITION OF BUILDING HEIGHT MAXIMUM C o x
C�
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.,
- -
PER TOWN OF MARANA DEFINITION OF BUILDING HEIGHT
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TOWN COUNCIL TOWN
• MEETING OF
INFORMATION MARANA
DATE: February 18, 2003
AGENDA ITEM: IX. A. 6
TO: Mayor and Council
FROM: James DeGrood, P.E., Development Services Administrator
SUBJECT: Resolution No. 2003 -20: Acceptance of Continental Reserve Park.
DISCUSSION:
Approval of Resolution No. 2003 -20 will place Continental Reserve Park into the Town of
Marana Park System.
Continental Reserve Park improvements and dedication to the Town of Marana meets the
requirements of Diamond Ventures (Developer) under the Continental Reserve Specific Plan
and Development Agreement.
In accepting Continental Reserve Park, the Town of Marana will accept all park facilities for
maintenance, including park equipment, buildings, sidewalks, parking area and other civil
improvements.
This resolution will further authorize the mayor to execute the acceptance of the deed for the
park site.
RECOMMENDATION:
Staff recommends that the Town Council accept Continental Reserve Park for acceptance into
the Town of Marana Park System.
SUGGESTED MOTION:
I move to adopt Resolution No. 2003 -20.
02/10/03
t
•
MARANA RESOLUTION NO. 2003-20
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, ACCEPTING CONTINENTAL RESERVE PARK INTO THE TOWN OF
MARANA PARKS SYSTEM.
WHEREAS, Continental Reserve Park was a required improvement and dedication by the
Continental Reserve Specific Plan and is located entirely within the boundaries of the Town of
Marana; and
WHEREAS, Continental Reserve Park is not presently included in the Town of Marana
Parks System; and
WHEREAS, Continental Reserve Park has been inspected and recommended for acceptance
into the Town of Marana Parks System by the Town Engineer and the Parks and Recreation Director.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana
that Continental Reserve Park shall be accepted into the Town of Marana Parks System and be
• maintained as a public park, and authorizes the Mayor to execute the acceptance block on the deed
for the park site.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
18 day of February, 2003.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn, C. Entz
Town Clerk
APPROVED AS TO FORM:
Daniel J. Hochuli, Esq.
As Town Attorney and not personally
Page 1 of 2
Marana, Arizona Resolution No. 2003 -XX
5
When Recorded Return To:
Marc Simon
Snell & Wilmer, L.L.P.
One South Church Avenue
Suite 1500 —
Tucson, Arizona 85701
For Recorder's Use
SPECIAL WARRANTY DEED
For the consideration of Ten Dollars ($10.00) and other valuable considerations, Fidelity
National Title Agency, an Arizona corporation, as Trustee under Trust No. 30121 ( " Grantor ")
hereby conveys to the Town of Marana, a body politic ( " Grantee "), the following real property
located in Pima. County, Arizona, together with all rights and privileges appurtenant thereto:
SEE EXHIBIT A (the "Pro
SUBJECT to current taxes and assessments, reservations in patents, all easements,
rights -of -way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities
as may appear of record, and all matters which an accurate survey of the Property or a physical
inspection of the Property would disclose.
• The Property is granted to Grantee with the express stipulation that the use of the
Property is hereby restricted to a park and uses ancillary thereto.
Grantor hereby binds itself and its successors to warrant and defend the title, as against
all acts of Grantor herein and none other, subject to the matters above set forth.
DATED this day of /J a ,/ , 2003.
FIDELITY / NATIONAL TITLE AGENCY, an Arizona
co rat' n, as Trustee Wi der Trust o.30121
AMY .c�iT
By �y%�-
"Grantor"
Note: This deed is exempt pursuant to A.RS. 11 -1134 (A)(3).
t
T
STATE OF ARIZONA )
) ss.
County of Pima )
The foregoing instrument was acknowledged before me this ,6t of
fi& y , 2003, by 15414� of Fidelity N Iona "Title Age ; an Arizona
corporation, as Trustee under Trust No. 30121.
rotary Pu lic
M commission ex pires: WN EAL Y P YNE ARIZONA t. 20, 2004
The name and address of the beneficiary of the trust is: Continental Reserve II, L.L.C., an
Arizona limited liability company, 2200 East River Road, Ste. 115, Tucson, Az 85718
ACCEPTM :
THE TOWN OF MARANA, an
Arizona municipal corporation
By:
Title:
Date:
-2-
r
EXHIBIT A
LEGAL DESCRIPTION
i
-3-
Stantec Consulting !nc.
%0 i :Ncrtn Bonita Avenue
Tucson .AZ 85745.2999
Te.: (520) 70 7» Fax: !;201 70--
470
stantec.com
•
Stantec
Legal Description of Block 5 Remainder
Continental Reserve
DESCRIPTION of a parcel of land located in Section 28, Township 12 South, Range 12
East, Gila & Salt River Meridian, Pima County, Arizona. Said parcel being all of Block 5,
CONTINENTAL RESERVE, as recorded in Book 53 of Maps and Plats, Page 35, Pima
County Records, Pima County, Arizona;
EXCEPTING THEREFROM the following described tract of land:
COMMENCING AT the Northeasterly corner of said Block 5, said point also being the
Northwest corner of Common Area B, per said plat;
• Thence along the line common with Block 5 and Common Area B, South 31
West, a distance of 30.00 feet;
Thence North 58 0 36'20" West, a distance of 16.62 feet to the TRvE POINT OF
BEGINNING;
Thence parallel with the Northeasterly line of said Block 5, North 58 °36'08" West, a
distance of 289.40 feet;
9uiidings Thence South 31 West, a distance of 50.00 feet;
Environment Thence South 14 0 40'08" East, a distance of 145.50 feet;
ifldU5trI31 Thence South 47 0 50'08" East, a distance of 33.50 feet;
Transportation Thence South 81 East, a distance of 144.20 feet;
Urban Land Thence North 65 0 11'47" East, a distance of 33.26 feet;
Thence North 31'23'52" East, a distance of 74.35 feet to the TRUE POINT OF
BEGINNING.
t
t
21 January 2003
Reference: 85611706 -15 Continental Reserve
Page 2 of 2
Said parcel containing n approximate area of 401 106.6 square feet r
9 PP q o 9.21 acres of
land, more or less.
Prepared by David M. Seese, RUS
Prepared on 21 January 2003 �� . T SG9
Prepared for and on behalf of Stantec Consulting Inc. �y
Project Number: 85611706 -15 5545 ° p
DAVID M,
+U�
sem M:IPROJ7 44 8 5 6 01 70 611ega1s181ock 5 Remamder030121.dx SEESE O m /
9 q� 2 S�enedd' P
O q. U.S.
Stantec
I�
.9 I Reservoir
Parcel
�0
Block 2
Block 6 C.A.
B 33
G�
Legal Description Exhibit
Remainder Block 5, Continental Reserve No PA
Section 28, T 12S, R 12E, G &SRM
AI: PROJ14\ 85602423 \fieidsur \ \1706RES.dwg
2003 -01 -21 08:07AM By. ese
Stantec Consulting
lei 201 North" Bonita Ave
Tucson AZ U.S.A.
85745 -2999
' Tel. 520.750.7474
Stant*C Fax. 520.750.7470
www.stantec.com
Beneficiary Approval
CONTINENTAL RESERVE II, L.L.C., an Arizona limited liability company
BY Diamond Venture�ber
By
Its
-4-
BILL OF SALE
Fidelity National Title Agency, inc., an Arizona corporation, as Trustee under Trust No.
30121, and its sole Beneficiary, Continental Reserve II, L.L.C., an Arizona limited liability
company (collectively "Seller"), do hereby bargain, sell, convey, transfer and deliver unto the
Town of Marana, a body politic (`Buyer"), its successors and assigns, all improvements, fixtures
and equipment, including any recreational or similar apparatus (the "Personal Property")
presently located on that certain real property located in Pima County, Arizona, described on
Exhibit attached hereto.
The Personal Property is being transferred "As Is ", "where -is ", without representation or
warranty except as to title.
IN WITNESS WHEREOF, the Seller has caused this instrument to be executed this
day of �fl.� , 2003.
FIDELITY NATIONAL TITLE AGENCY, INC., an
Arizona corpo ation, as Trustee under Trust No. 30121
O�✓LY �/� r ar3tt4�cd /.5�
By
It 1/ZuST
CONTINENTAL RESERVE II, L.L.C., an Arizona limited
liability company
BY Diamond Vent es, Inc., Its Member
By
Its S
F
STATE OF ARIZONA )
ss.
County of Pima )
The foregoing instrument was acknowledged before me this,1 of
AM441f, y , 2003, by ,C29_r i��� , the �� �-
of Fidelity National Title Agency, I . an na Corp anion, as Trustee under Trust No.
30121.
Notary Pu 'c
My Commission Expir OFFICIAL SEAL
LONDA RHYNE
NOTARY PUBLIC - ARIZONA
PIMA COUNTY
My Comm. Expires Oct. 20, 2004
STATE OF ARIZONA )
ss.
County of Pima )
J,�� The foregoing instrument was acknowledged before me this day of
2003, by AGz,4 , the
of Diamond Ventures, Inc., Member of Continental Reserve II, L.L.C., an Arizona Limited
Liability Company.
Notary Public
My Commission Expires:
ae '�q `{
OFFICIAL SEAL
L. HAIN
NOTARY PUBLIC - ARIZaNU
PIMA COUNTY
[ # MARILYN
mac, -c _n res July 20, 2004
ACCEPTED
THE TOM OF .MAR,ANA, an
Arizona municipal corporation
By:
Title:
Date:
-2-
EXHIBIT A
LEGAL DESCRIPTION
[See Attached]
Simonet \TUX\259729.1
Stantec Consulting Inc
2Oi North Bcnita Aseaue
Tucson AZ 35745 -2999
Tei:1520) 750 -7 -74 Fax: (S20% 7:0 -7470
stantec.com
V
Stantec
Legal Description of Block 5 Remainder
Continental Reserve
DESCRIPTION of a parcel of land located in Section 28, Township 12 South, Range 12
East, Gila & Salt River Meridian, Pima County, Arizona. Said parcel being all of Block 5,
CONTINENTAL RESERVE, as recorded in Book 53 of Maps and Plats, Page 35, Pima
County Records, Pima County, Arizona;
EXCEPTING THEREFROM the following described tract of land:
COMMENCING AT the Northeasterly corner of said Block 5, said point also being the
Northwest corner of Common Area B, per said plat;
Thence along the line common with Block 5 and Common Area B, South 31'23'40"
West, a distance of 30.00 feet;
Thence North 58 °36'20" West, a distance of 16.62 feet to the TRUE POINT OF
BEGINNING;
Thence parallel with the Northeasterly line of said Block 5, North 58 °36'08" West, a
distance of 289.40 feet;
Buildings Thence South 31 °23'52" West, a distance of 50.00 feet; .
Emironment Thence South 14 0 40'08" East, a distance of 145.50 feet;
industrial Thence South 47 0 50'08" East, a distance of 33.50 feet;
Transportation Thence South 81 East, a distance of 144.20 feet;
Urban land Thence North 65 °11'47" East, a distance of 33.26 feet;
Thence North 31 °23'52" East, a distance of 74.35 feet to the TRUE POINT OF
BEGINNING.
F -.
21 January 2003
Reference: 85611706 -15 Continental Reserve
Page 2 of 2
Said parcel containing an approximate area of 401,106.6 square feet or 9.21 acres of
land, more or less.
Prepared by David M. Seese RLS %—
Prepared on 21 January 2003 \� q r 19 ,9
Prepared for and on behalf of Stantec Consulting Inc. y
Project Number: 85611706 -15 5545
DAVID M.
SEFSF
mj ?�
sem MAPROJ14056017060.egalslBlock5 Remamder030121.doc
a
9 9 / S '9ned
2
ONp U. S'
Stantec
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F
Reservoir
Parcel
Block 2
Block 6 C.A. »
GG� B
Legal Description Exhibit
Remainder Block 5, Continental Reserve
NORTH
Section 28, T 12S, R 12E, G &SRM
M: \PROJ14\ 85602423 iieldsur \dwg \1706RES.dwg
2003 -01 -21 08.07AM
By dseese
Stantec
201 North. - Bonita Ave
' Tucson AZ U.S.A.
f; 85745 -2999
Tel. 520.750.7474
Rafft -C Fax. 520.750.7470
www.stantec.com
{
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: February 18, 2003
AGENDA ITEM: IX. B. 1 - - -- -
TO: Mayor and Council
FROM: Joel D. Shapiro, Planning Director
SUBJECT: PUBLIC HEARING: Ordinance No. 2003.04: Amendment to Title 3, Section 03 02
Definitions, "Building Height ". A request to change the definition of Building Height, as
described in the Town of Marana Land Development Code, Title 3 - Definitions, Section
03.02 - Definitions "B", BuildinE Height " .
DISCUSSION: This item was heard by the Marana Planning Commission on January 22, 2003. The
Commission voted 5 -1 (Vice Chair Flayer dissenting) to recommend approval to the
Town Council
The applicant, K.B. Homes, is requesting that the Town of Marana change the definition of
"Building Height" as described in the Town of Marana Land Development Code, Title 3 -
Definitions, Section 03.02 - Definitions "B ", Building Height, from "The vertical distance
between the lowest point of grade abutting ttie building to the highest point of the building,
excluding chimneys, vents and antennae ", to "The vertical distance between the level of the
average finished grade and: _
1) The highest point of the parapet of a flat roof, or
2) The deckline of a mansard roof, or
3) The mean average point between the eaves and ridge of the highest gable,
hip, gambrel or other such roof element; provided, that the ridge line of the
roof shall not exceed four feet above the maximum permitted building
height of the zone."
Recently, it has come to the attention of staff that a typical two -story home that offers nine
foot ceilings and a tile roof penetrates the current height requirement of 25 feet. The
proposed amendment allows for the elimination of this issue in two -story homes with the 9-
foot ceiling options that the market seems to desire.
Staff has performed an analysis of our current code requirements as they compare to the
currently adopted Specific Plans, for the purpose of determining if this requested change of
definition would increase the equity between developments outside of a Specific Plan and
those that are within Specific Plans. The majority of the currently active Specific Plans
include definitions which call for the measurement of building height to be from average
finished- grade-to the "mean average point between the eaves and the ridge of the highest
gable or other roof element ". The maximum building height ranges from 24 to 35 feet
within the Specific Plans, and 25 feet in the conventional zoning. This would mean that if a
house in the Continental Ranch Specific Plan were to be built beside a house under our
conventional code restrictions, the house in the Continental Ranch Specific Plan
theoretically could be as much as nine feet higher than the house built under conventional
code. In the Dove Mountain Specific Plan the same theoretical house could be as much as
fourteen feet higher due to the building heights permitted by the Specific Plan.
By checking the definitions of other surrounding towns and cities, staff has found that both
definitions, the current Marana definition and the proposed definition, are commonly used.
The City of Tucson and Pima County use definitions similar to the proposed amendment,
and Oro Valley uses a definition very similar to that of Marana.
After researching other jurisdiction codes, staff has identified some areas of this issue in
which the Marana code is silent. Therefore, staff would recommend a modification to the
language requested by the applicant to include some of these omissions. The alternate
recommendation is as follows:
a. "The vertical distance between the level of the average finished grade and:
1) The highest point of the parapet of a flat roof, or
2) The deckline of a mansard roof, or
3) The mean average point between the eaves and ridge of the highest gable,
hip, gambrel or other such roof element; provided, that the ridge line of the
roof shall not exceed four feet above the maximum permitted building
height of the zone;
b. The height of a stepped or terraced building shall be the maximum of any segment
of such building, as measured from the average finished grade of that building
segment;
C. This definition does not apply to steeples, spires, towers, and other design features
that project from the roof, providing the aggregate area of the design features do
not exceed ten percent of the roof area."
RECOMMENDATION:
The Marana Planning Commission recommends approval of PCM -02114, Amendment to Title 3,
Section 03.02, Definitions, ` Building Heights", of the Town of Marana Land Development Code.
SUGGESTED MOTION:
I move to approve Ordinance No. 2003.04
•
MARANA ORDINANCE NO. 2003.04
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AMENDING TITLE 3, SECTION 03.02, DEFINITIONS, ` BUILDING HEIGHT ", OF
THE MARANA LAND DEVELOPMENT CODE TO REVISE THE DEFINITION OF `BUILDING
HEIGHT ", AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE
TOWN OF MARANA IN CONFLICT THEREWITH.
WHEREAS, on May 14, 1984, the Town Council of the Town of Marana adopted, by
Ordinance Number 84.04, a Land Development Code (the "Code ") for the Town of Marana and has
amended the Code from time to time; and
WHEREAS, the Code contains Title 3, Definitions, which provides for the definition of
Building Height; and
WHEREAS, within Title 5 the definition of Building Height is codified at Section 03.02,
and;
WHEREAS, that definition describes Building as follows:
"The vertical distance between the lowest point of grade abutting the building to the highest
point of the building, excluding chimneys, vents and antennae. ", and;
WHEREAS, the applicant, KB Homes, has requested that the definition of Building Height
be amended to read:
"The vertical distance between the level of the average finished grade and:
1) The highest point of the parapet of a flat roof, or
2) The deckline of a mansard roof, or
3) The mean average point between the eaves and ridge of the highest gable, hip, gambrel
or other such roof element; provided, that the ridge line of the roof shall not exceed
four feet above the maximum permitted building height of the zone. ", and;
WHEREAS, staff has determined that the proposed amendment does not address all of the items
that should be covered, and therefore staff has amended the requested language as follows:
a. "The vertical distance between the level of the average finished grade and:
1) The highest point of the parapet of a flat roof, or
2) The_deckline of a mansard roof, or
3) The mean average point between the eaves and ridge of the highest gable, hip,
`gambrel or other such roof element; provided, that the ridge line of the roof
Marana Ordinance No. 2003.04
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shall not exceed four feet above the maximum permitted building height of the
zone;
b. The height of a stepped or terraced building shall be the maximum of any segment of
such building, as measured from the average finished grade of that building segment;
C. This definition does not apply to steeples, spires, towers, and other design features that
project from the roof, providing the aggregate area of the design features do not exceed
ten percent of the roof area. ", and;
WHEREAS, the Marana Planning Commission held a public hearing on this request to
amend the Code on January 22, 2003, and its members voted to recommend approval oft he
proposed amendment to the Town Council by a unanimous vote; and
WHEREAS, the Town Council of the Town of Marana held a public hearing on this request
to amend Title 3 on February 18, 2003, to obtain input from town staff, and the public on the
proposed amendment to the Code, and finds that the amendment is in the best interests of the Town
and its residents.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
Section 1: That certain document entitled "LAND DEVELOPMENT CODE ", three
copies of which are on file in the office of the Town Clerk, is hereby amended as
recommended by the Planning and Zoning Commission, as follows:
Section 03.02 Definitions `B"
Building Height:
a." The vertical distance between the level of the average finished grade and:
1) The highest point of the parapet of a flat roof, or
2) The deckline of a mansard roof, or
3) The mean average point between the eaves and ridge of the highest gable, hip,
gambrel or other such roof element; provided, that the ridge line of the roof
shall not exceed four feet above the maximum permitted building height of the
zone;
b. The height of a stepped or terraced building shall be the maximum of any segment of
such building, as measured from the average finished grade of that building segment;
C. This definition does not apply to steeples, spires, towers, and other design features
that project from the roof, providing the aggregate area of the design features do not
exceed ten percent of the roof area. "
Mamm Ordinance No. 2003.04
Page 2 of 3
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PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
18th day of February, 2003.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Entz
Town Clerk
APPROVED AS TO FORM:
Daniel J. Hochuli
As Town Attorney and not personally
Marana Ordinance No. 2003.04
Page 3 of 3
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TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: February 18, 2003
AGENDA ITEM:t — - --
TO: Mayor and Council
FROM: Michael C. Hein, Town Manager
SUBJECT: Resolution No. 2003 -21 Authorizing the Approval and Execution of a Development
Agreement with Spare Time Family Entertainment Center, L.L.C., for the
Development of a family entertainment center in the Town.
DISCUSSION:
Spare Time Family Entertainment Center, L.L.C. ( "Spare Time "), currently holds a lease
on the building located at 4385 W. Ina Road, the location of the former Gotham/New West
night club. Spare Time wishes to develop a family entertainment center at the location,
called BedRoxx, which will include bowling, billiards, virtual and video games, and other
amenities. Spare Time warrants that it would not be feasible to attract the level of
investment necessary to build and operate the proposed family entertainment center
without financial participation by the Town, and asks that the Town provide financial
assistance. In light of the positive familynature of this development, and the liklihood that
this kind of development would not be possible without governmental participation, staff
negotiated the development agreement.
The attached Development Agreement requires Spare Time to front the.entire cost of the
development of BedRoxx on the property. Beginning July 1, 2003 the Town will
reimburse Spare Time for sales taxes collected in excess of $33,000.00 annually, in order
to reimburse them a small portion of the overall cost required to develop the property. The
reimbursement will continue for no more than 10 years.
Spare Time warrants that it will provide on -site security, and will work with the Town to
develop a security plan if more than 10 police responses occur in any given year. The
Agreement requires Spare Time to comply with the plan. In addition, the Development
Agreement provides that, should any serious incidents occur on the property, the Town will
not be obligated to make any sales tax reimbursements.
RECOMMENDATION:
Staff recommends the adoption of the Development Agreement with Spare Time Family
Entertainment Center, L.L.C.
SUGGESTED MOTION:
I move the adoption of Resolution No.-2003 -21.
1
MARANA RESOLUTION NO. 2003-21
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE APPROVAL AND EXECUTION OF A DEVELOPMENT
AGREEMENT BETWEEN THE TOWN OF MARANA AND SPARE TIME FAMILY
ENTERTAINMENT CENTER, L.L.C., FOR THE DEVELOPMENT OF PROPERTY LEASED
BY SPARE TIME FAMILY ENTERTAINMENT CENTER, L.L.C.
WHEREAS, Spare Time Family Entertainment Center, L.L.C. ( "Spare Time "), owns a
leasehold interest in certain property located at 4385 W. Ina Road ( "Property"), which is within the
limits of the Town of Marana; and
WHEREAS, Spare Time intends to remodel the existing building on the Property and install
additional equipment in the building for use as a family entertainment center including bowling, billiards,
virtual and video games, and other amenities; and
• WHEREAS, the Mayor and Council of the Towri'of Marana Arizona , have determined that
the Property has been vacant and is becoming a blight in the Town, and that it is in the best interest of
the Town and its residents to revitalize the Property and surrounding area; and -
WHEREAS, the Mayor and Council have determined that the development of the Property as
a family entertainment center will substantially increase economic development activity in the Town by
(i) providing recreational opportunities for the Town's residents, including senior citizens and school
children; (ii) allowing cooperation with the Town's Parks and Recreation Department for Town and
jointly-sponsored activities; (iii) creating employment opportunities within the Town; (iv) significantly
increasing sales tax revenue within the Town; and (v) directing the public's retail expenditures to
businesses located within the Town; and,
WHEREAS, the Mayor and Council have determined that the initial cost of the development of
a family entertainment center will be extensive and would likely preclude its development; and
WHEREAS, the Mayor and Council desire to cooperate with Spare Time in the development
of a family entertainment center on the Property; and
WHEREAS, the staff of the Town has prepared the Development Agreement attached hereto
as Exhibit "A" and incorporated herein by this reference; and
WHEREAS, pursuant to A.R.S. § 9- 500.05, the Town is authorized to enter into development
agreements relating to property in the Town; and
Marana, Arizona Resolution No. 2003 -21 Page I of 2
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WHEREAS, the Mayor and Council have determined that the development of a family
entertainment center on the Property will stimulate the Town's economy, and that the Town will receive
good and adequate consideration for its performance ofthe provisions ofthe Development Agreement,
including providing needed recreational facilities for families, seniors, and other residents ofthe Town;
and
WHEREAS, the Mayor and Council have determined that the terms of the Development
Agreement are unobjectionable and do not conflict with the Town's general plan or with the interests of
the Town or its residents; and
WHEREAS, the Mayor and Council have determined that approval of the Development
Agreement is in the best interests of the Town and its residents.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council ofthe Town ofMarana,
Arizona, that the Development Agreement, attached hereto as Exhibit "A" and incorporated herein by
this reference, is hereby approved.
• BE IT FURTHER RESOLVED by the Mayor and Council that the Mayor is hereby authorized
to execute the Development Agreement on behalf of the Town of Marana.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
18 day of February, 2003.
Mayor BOBBY SUTTON, JR.
ATTEST:
Jocelyn C. Entz
Town Clerk
APPROVED AS TO FORM:
Daniel J. Hochuh, Estj.
As Town Attorney
and not personally
Marana, Arizona Resolution No. 2003 -21 Page 2 of 2
Exhibit A
[Development ment A eement
� P Agreement]
Marana, Arizona Resolution No. 2003 -21
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When Recorded Return To:
Daniel J. Hochuli, Esq.
HOCHULI & BENAVIDEZ, P. C.
220 East Wetmore Road, Suite 110 - -- —
Tucson, AZ 8S705
DEVELOPMENT AGREEMENT
TOWN OF MARANA
SPARE TIME FAMILY ENTERTAINMENT CENTER, L.L.C.
Development Agreement
Marana/Spare Time Family Entertainment Center, L.L.0 Marana Draft 4.0 01/21/03
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DEVELOPMENT AGREEMENT
THIS AGREEMENT is made as of February , 2003, by and between THE TOWN
OF MARANA, an Arizona municipal corporation (the "Town "), and SPARE TIME FAMILY
ENTERTAINMENT CENTER, L.L.C., an Arizona limited liability company ( "Developer").
RECITALS
A. Developer owns a leasehold interest in the real property depicted on Exhibit "A" attached
hereto (the "Property"). Developer intends to remodel the existing building on the Property
and install additional equipment in the building for use as a family entertainment center
including bowling, billiards, virtual and video games, and other amenities (the "Family
Entertainment Center"). Certain items included in the remodeling and the acquisition and
installation of the equipment are listed on Exhibit "B" attached hereto (the "Work ").
B. The Town Council finds that the development of the Property as a Family Entertainment
Centerwill substantially increase economic development activity in the Town by (i) providing
recreational opportunities for the Town's residents, including senior citizens and school
children; (ii) allowing cooperation with the Town's Parks and Recreation Department for
Town and jointly sponsored activities; (iii) creating employment opportunities within the
Town; (iv) significantly increasing sales tax revenue within the Town; and (v) directing the
public's retail expenditures to businesses located within the Town's jurisdictional limits.
C. The Property has been vacant and is becoming a blight in the Town, and the Town desires
to revitalize the Property and surrounding area. The Town recognizes that the initial cost of
the development of the Family Entertainment Centerwill be extensive and would preclude
its development, so the Town and the Developer desire to cooperate in its development.
D. The Town Council furtherfinds that the development of the Family Entertainment Centerwill
stimulate the Town's economy, and that the Town will receive good and adequate
consideration for its performance of the provisions of this Agreement, including providing
needed recreational facilities for families, seniors, and other residents of the Town.
E. The Developer warrants that it would not be feasible to attract the level of investment
necessary to build and operate a Family Entertainment Center of the contemplated scope
without financial participation by the Town and the overall support of the project by the Town
that such participation reflects.
F. In approving this Agreement, the Town Council finds that all activities relating to the
development of the Property are economic development activities within the meaning of
Arizona Revised Statutes § 9- 500.11, that all expenditures by the Town pursuant to the
Agreement constitute the appropriation and expenditure of public monies for and in
connection with economic development activities and that it is appropriate to provide the
Developerwith the benefits in this Agreement as an inducement to the Developer to develop,
own and operate the Family Entertainment Center in the Town.
G. Arizona Revised Statutes § 9- 500.05 authorizes the Town to enter into a development
agreement with a landowner or any other person having an interest in real property located
within the Town to facilitate development of'the Property.
H. On February , 2003, the Town Council adopted Resolution No. 03- , which
approves and authorizes the execution and delivery of this Agreement.
Development Agreement
Marana/Spare Time Family Entertainment Center, LIZ Marana Draft 4.0 01/21/03
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NOW THEREFORE, in consideration of the promises and premises contained herein, and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
COVENANTS
1 DEVELOPMENT OF THE FAMILY ENTERTAINMENT CENTER The Developer agrees that it shall
perform all the construction and improvements necessary to develop the Family
Entertainment Center upon the Property, and upon opening it will provide various
entertainment opportunities for children, young adults, families, adults, and senior citizens.
The Family Entertainment Centerwill include, among other things, bowling, billiards, virtual
reality games, video games, and food and beverage service.
1.1 DEADLINE FOR ISSUANCE OF CERTIFICATE OF OCCUPANCY Developer intends to
complete the Work by the summer of 2003, but agrees that if a Certificate of
Occupancy is not issued for the Family Entertainment Center prior to January 1,
2004, this Agreement shall be declared null and void, and Developer shall not be
entitled to any payments contemplated herein.
2 TOWN PARTICIPATION IN A PORTION OF THE COST OF WORK The Developer shall pay all the
Costs associated with the Work. After issuance of a Certificate of Occupancy and operation
of the Family Entertainment Center, the Town agrees to reimburse the Developer portion
of the cost of the Work as provided herein.
2.1 DEFINITIONS
2.1.1 "Base Amount" shall be the amount of Sales Tax retained bythe Town prior
to any reimbursement of Sales Tax to the Developer, which is thirty -three
thousand ($33,000.00) dollars. H 6wever, if the Town increases its Business
Privilege Tax for any activities at the Family Entertainment Center, the Base
Amount shall increase proportionately.
2.1.2 "Costs" means all costs associated with the Work;
2.1.3 "Fiscal Year" shall mean that period of time beginning on July 1 of each year
and ending on June 30 of the following year.
2.1.4 "Sales Tax" shall mean all Town business privilege taxes (however named)
paid by the Developer, after issuance of the Certificate of Occupancy, for
activities at the Family Entertainment Center, including entertainment
activities, food & beverage sales, and retail sales, whether levied and
collected by the Town or levied by the Town and collected by the State of
Arizona and returned to the Town.
2.2 REIMBURSEMENT OF BUSINESS PRIVILEGE TAX
2.2.1 If the Family Entertainment Center begins operation priorto July 1, 2003, the
Town shall be entitled to retain all Sales Tax through that date.
2.2.2 For the Fiscal Year beginning July 1, 2003, the Town shall retain the Base
Amount, and thereafter thQ Town shall refund all Sales Tax to the Developer.
Such reimbursement payments to the Developer shall be made quarterly.
Each Fiscal Year thereafter, for a period of ten (10) Fiscal Years, the Town
• shall retain the Base Amount and then refund the remaining Sales Tax as
provided in this section.
Development Agreement
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2.2.3 In no event shall there be any reimbursement of Sales Tax paid after June
30, 2013.
2.3 PUBLIC BIDDING If it is determined that any of the Work must be conducted subject
to public bidding statutes, the Town shall assist the Developer in complying with all
applicable public bidding requirements.
2.4 MAXIMUM PAYMENTS BY TOWN The payments set forth in this Section shall not
exceed the total cost of the Work, and in order to assure compliance with this
Subsection the Developer shall make its records available for inspection by the
Town for audit purposes.
3 DEVELOPER'S COMPLIANCE OBLIGATIONS The Developer acknowledges the Town's
concerns regarding on -site security, safety, and liquor license control. Toward this end, the
Developer agrees to the following additional security measures.
3.1 ON -SITE SECURITY Developer warrants that it shall provide on -site security for the
Family Entertainment Center, including all buildings, all parking areas, and all other
areas of any nature for which the Developer holds any interest, leasehold or
otherwise (the "Premises "). Developer agrees that it shall provide adequate on -site
security to protect the public, and if the Town feels that the security is not adequate,
Developer and Town shall immediately meet and consult to resolve the security
problem, and the Developer agrees to complywith all requirements that come about
as a result of such cooperative meeting.
3.2 SAFETY AND SECURITY In order to assure the public safety, Developer agrees that
if there are more than ten (10) disturbances on the Premises in any Fiscal Year
which (i) result in police response to the Premises, and (ii) are related to violent or
disturbing the peace situations, Developer and Town shall immediately meet and
consult to resolve the security problem, and the Developer agrees to complywith all
requirements that come about as a result of such cooperative. meeting.
3.3 REVOCATION OR SUSPENSION OF LIQUOR LICENSE The Town shall not be obligated
to make any further payments as provided in Section 2 of this Agreement upon the
occurrence of any of the following:
3.3.1 If the State of Arizona Department of Liquor License and Control (the
"Department ") suspends or revokes the Developer's liquor license, or
requires that the Developer divest its liquor license;
3.3.2 If the Developer voluntarily relinquishes, divests, sells, assigns, orotherwise
transfers its liquor license at the request of the Department or in connection
with a Department investigation or claim.
3.3.3 If the Developer voluntarily relinquishes, divests, sells, assigns, orotherwise
transfers its liquor license, unless such relinquishment, divestiture, sale,
assignment or transfer is approved by the Town Manager in advance, such
approval not to be unreasonably withheld.
3.4 EXTENSION OF LIQUOR LICENSE REQUIREMENTS TO PREMISES If there is any
occurrence on the Premises outside the area subject to the liquor license which, had
it occurred in the building subject to the liquor license, would have resulted in the
Department suspending or revoking the Developer's liquor license or requiring the
Developer to divest its liquor license, in either case because of the Developer's
negligent management, then the Town shall not be obligated to make any further
payments as provided in Section 2 of this Agreement.
Development Agreement
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4 PERMITS AND TOWN REQUIREMENTS The Town shall use its best efforts to assist the
Developer in obtaining all permits and approvals which are necessary or convenient for the
Work and the operation of the Family Entertainment Center. The Developer shall not be
required to construct any public improvements in connection with the proposed development
and operation of the Family Entertainment Center, or any expansion, rehabilitation or
reconstruction, other than those..Unprovements required through the normal revie%*of the
development plan.
5 REPRESENTATIONS AND WARRANTIES The Town acknowledges that the Developer is
entering into this Agreement and expending considerable sums in design and engineering
fees associated with the Work in reliance on the findings, agreements, representations and
warranties of the Town contained in this Agreement. The Town acknowledges that the
Developer shall continue to expend considerable sums with respect to the same in reliance
on the findings, agreements, representations, and warranties of the Town contained in this
Agreement. The Town warrants and covenants to the Developer that all of the Town's
representations, findings, warranties and covenants set forth in this Agreement are true in
all material respects as of the date of this Agreement.
5.1 TOWN REPRESENTATIONS AND WARRANTIES
5.1.1 The Property is located within the municipal limits of the Town;
5.1.2 The Town is a duly organized, validly existing municipal corporation in the
State of Arizona. The transactions contemplated by this Agreement, the
execution of this Agreement and the Town's performance hereunder have
been duly authorized by all requisite action of the Town and no other approval
or consent is required for this Agreement to be binding upon the Town. The
individuals executing this Agreement have all necessary authority to enter
into this Agreement and to bind the Town. The execution of this Agreement
and the consummation of the transactions contemplated hereby will not
result in any violation of, or default under, any term or °_provision of any
applicable agreement, instrument, law, rule, regulation or official policy to
which the Town is a party or by which the Town is bound.
5.2 DEVELOPER REPRESENTATIONS AND WARRANTIES
5.2.1 The Developer is a duly organized, validly existing Arizona limited liability
company. The transactions contemplated by this Agreement, the execution
of this Agreement and the Developer's performance hereunder have been
duly authorized by all requisite action of the LLC and no other approval or
consent is required for this Agreement to be binding upon the Developer.
The individuals executing this Agreement have all necessary authority to
enter into this Agreement and to bind the LLC. The execution of this
Agreement and the consummation of the transactions contemplated hereby
will not result in anyviolation of, ordefault under, any term or provision of any
applicable agreement, instrument, law, rule, regulation or official policy to
which the Developer is a party or by which the Developer is bound.
5.2.2 Developer intends to operate the Property as a Family Entertainment Center,
and represents and warrants that during the term of this Agreement that it
shall not operate the Property as a night club, bar, or any other entity which
receives more than fifty (50 %) percent of its gross receipts from the sale of
alcohol.
Development Agreement
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5.2.3 Developer agrees that it will work with the Town's Parks and Recreation
Director in order to permit Town use of the Family Entertainment Center by
the Parks and Recreation Department at discounted rates, as agreed
between the Developer and the Town's Parks & Recreation Director.
5.2.4 Developer agrees that none of the Town reimbursements set forth in Section
2 hereof shall - di=rectly finance or support the sale of liquor, - it being
understood_ by the parties that the remodeling of the Premises and
acquisition and installation of recreational equipment does not constitute
direct finance or support of the sale of liquor.
6 DEFAULT Failure or unreasonable delay by either party to perform any term or provision of
this Agreement for a period of ten (10) days (the "Cure Period ") after written notice thereof
from the other party shall constitute a default under this Agreement. Said Notice shall
specify the nature of the alleged default and the manner in which said default may be
satisfactorily cured, if possible. If any party to this Agreement is in default under any
provision of this Agreement, the non - defaulting party shall be entitled, without prejudice to
any other right or remedy that it may have under this Agreement, at law or in equity, to
specific performance by the defaulting party'of this Agreement (and each party hereby
waives the defense that the other party has an adequate remedy at law), or to terminate this
Agreement, or to exercise any or all other remedies available to it at law or in equity.
7 NOTICES AND FILINGS
7.1 MANNER OF SERVING All notices, filings, consents, approvals and other
communications provided forherein orgiven in connection herewith shall be validly
given, filed, made, delivered or served if in writing and delivered personally or sent
by registered or certified United States Mail, postage prepaid, if to:
The Town: Town Manager
Town of Marana
13251 North Lon Adams
Marana, Arizona 85653
And to: Town Attorney
Daniel J. Hochuli
Hochuli & Benavidez, P.C.
220 East Wetmore Road, #110
Tucson, Arizona 85705
The Developer: Spare Time Family Entertainment Center, L.L.C.
405 West Franklin
Tucson, Arizona 85701
Attn: Donald Semro
And to: Bradley P. Miller
Haralson, Miller, Pitt & McAnally, P.L.C.
One South Church Avenue, Suite 900
Tucson, Arizona 85701
Or to such other addresses as either party hereto may from time to time designate in writing and
delivery in a like manner.
Development Agreement
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7.2 MAILING EFFECTIVE Notices, filings, consents, approvals and communication given
by mail shall be deemed delivered upon receipt.
8 GENERAL
8.1 Waiver No delay in exercising any right or remedy shall constitute a waiver thereof,
and no waiver by the-Town or Developer of the breach of any covenant -Gf this
Agreement shall be construed as a waiver of any preceding or succeeding breach
of the same or any other covenant or condition of this Agreement.
8.2 ATTORNEYS' FEES In the event either party finds it necessary to bring any action at
law o r o ther proceeding a gainst t he o ther p arty t o e nforce a ny o f t he t erms,
covenants or conditions hereof, or by reason of any breach or default hereunder, the
party prevailing in any such action or other proceeding shall be paid all reasonable
costs and reasonable attorneys' fees by the other party, and in the event any
judgment is secured by said prevailing party, all such costs and attorneys' fees shall
be included therein, such fees to be set by the court and not by jury.
8.3 COUNTERPARTS This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument. The signature pages from one or more counterparts
may be removed from such counterparts and such signature pages all attached to
a single instrument so that the signature of all parties may be physically attached to
a single document.
8.4 HEADINGS The descriptive headings of the paragraphs of this Agreement are
inserted for convenience only and shall not control or affect the meaning or
construction of any of the provisions hereof.
8.5 EXHIBITS Any exhibit attached hereto shall be deemed to have been incorporated
herein by this reference with the same force and effect as if fully set forth in the body
hereof.
8.6 FURTHER ACTS Each of the parties hereto shall execute and deliver all such
documents and perform all such acts as reasonably necessary, from time to time,
to carry out the matters contemplated by this Agreement. Without limiting the
generality of the foregoing, the Town shall cooperate in good faith and process
promptly any requests and applications for plan and specification or permit approvals
or revisions, and other necessary approvals relating to the development of the
Property by Developer and its successors.
8.7 NO PARTNERSHIP AND THIRD PARTIES It is not intended by this Agreement to, and
nothing contained in this Agreement shall, create any partnership, joint venture or
other similar arrangement between Developer and the Town. No term or provision
of this Agreement is intended to, or shall, be for the benefit of any person, firm,
organization or corporation not a party hereto, and no such other person, firm,
organization or corporation shall have any right or cause of action hereunder.
8.8 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the
parties hereto pertaining to the .subject matter hereof. All prior and
contemporaneous agreements, representations and understandings of the parties,
oral or written, are hereby superseded and merged herein.
8.9 AMENDMENT No change or additions to be made to this Agreement except by a
written amendment executed by the parties hereto.
Development Agreement
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8.10 NAMES AND PLANS Developer shall be the sole owner of all names, titles, plans,
drawings, specifications, ideas, programs, designs, and work products of every
nature at any time developed, formulated or prepared by or at the instance of
Developer in connection with the Property and the Work.
8.11 GOVERNING LAW This Agreement is entered into in Arizona and shall be construed
and interpreted underthbTaws of the State of Arizona. In particular, this Agreement
is subject to the provisions of A.R.S. § 38 -511.
8.12 REFORMATION Should any term, provision, covenant or condition of this Agreement
be held to be void or invalid, the parties shall reform this Agreement to conform as
closely as possible to the original intent hereof.
8.13 EXCUSED DELAY IN PERFORMANCE In addition to specific provisions of this
Agreement, for a period of time equal to the period of the force majeure delay,
untimely performance by a party hereto shall not be deemed to be a default where
delays or inability to perform are due to war, insurrection, strikes, slowdowns,
lockouts, riots, floods, earthquake, fires, casualties, acts of God, acts of the public
enemy, epidemics, quarantine restriction, freight embargoes, lack of transportation,
governmental restrictions or priority, litigation, severe weather, inability (when the
party which is unable to perform is substantially without fault) of any contractor,
subcontractor or supplier to perform acts of the other party, acts or the failure to act
of any utility, public or governmental agent or entity and /or other causes beyond the
reasonable control of said party. In the event that a party hereto is unable to perform
due to an event constituting force majeure as provided for above, then the time for
performance by said party shall be extended as necessary for a period of time up to
the period of the force majeure delay.
8.14 SEVERABIUTY Every provision of this agreement is, and will be construed to be, a
separate and independent covenant. If any provision of this agreement or the
application of the same is, to any extent, found to be invalid or unenforceable, then
the remainder of this Agreement orthe application of that provision to circumstances
other than those to which it is invalid or unenforceable, will not be affected by that
invalidity or unenforceability, and each provision of this agreementwill be valid and
will be enforced to the extent permitted by the law, and the parties will negotiate in
good faith for such amendments of this agreement which may be necessary to
achieve its intent, notwithstanding such invalidity or unenforceability.
THIS AGREEMENT shall be binding upon the parties hereto, their administrators, heirs,
successors or assigns and can be changed only by written agreement signed by all parties.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on the date and year
first above written.
Date: TOWN OF MARANA, an Arizona municipal
corporation
ATTEST:
BY
Jocelyn Entz, Town Clerk Bobby Sutton, Mayor
Development Agreement
Marana /Spare Time Family Entertainment Center, L.L.0 Page -7- Marana Draft 4.0 01/21/03
APPROVED AS TO FORM AND
AUTHORITY
The foregoing Agreement has been
reviewed by the undersigned attorney
who has determined that it is in proper
form and within the power and authority
granted under the laws of the State of
Arizona to the Town of Marana.
Daniel J. Hochuli, Esq.
Attorney for Town of Marana
SPARE TIME FAMILY E NTERTAINMENT
CENTER, L.L.C., an Arizona limited liability
company, by MSW Spare Time, L.L.C., its
Manager, by MSW Development Services,
Inc., its sole member
By
Title
STATE OF ARIZONA)
) ss
County of Pima )
The foregoing instrument was acknowledged before me this day of February, 2003,
by the of Spare Time Family
Entertainment Center, L.L.C., an Arizona limited liability company, by MSW Spare Time, L.L.C., its
Manager, by MSW Development Services, Inc., its sole member.
Notary Public
My Commission Expires:
Development Agreement
Marana /Spare Time Farrly Entertainment Center, L.L.0 Page - 8 - Marana Draft 4.0 01/21/03
t
EXHIBIT A
Map of the Premises
Development Agreement
Marana /Spare Time Family Entertainment Center, L.L.0 Marana Draft 4.0 01/21/03
EXHIBIT B
• Items included in the remodeling and the acquisition and installation of equipment are listed below:
A. Thirtybowling lanes equipped with automatic children's side bumpers, automatic scoring,
and video screens.
B. Separated video and amusement games for younger children, and separated video games
and virtual reality games for young adults and adults.
C. New men's and women's restrooms with baby changing stations.
D. Tournament billiard section and regular billiard section.
E. New mechanical and equipment room.
F. New flooring, ceiling and lighting.
G. Security cameras outside the building.
H. Meeting rooms for parties and business events.
I. Enhanced exterior lighting and parking lot lighting.
Development Agreement
Marana /Spare Time Farr ly Entertainment Center, L.L.0 Marana Draft " A " . 0 01/21/03
y
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: Febru 18, 2003
AGENDA ITEM: IX. B. 3 - - -- _
TO: Mayor and Council
FROM: Michael C. Hein, Town Manager
SUBJECT: State Legislative Issues — Discussion/Direction/Action regarding all pending bills
before the Legislature
DISCUSSION:
This item is scheduled for each regular Council Meeting in order to provide an opportunity to
discuss any legislative item that might arise during the current session of the State Legislature.
Attached is the most recent communication from the League of Arizona Cities and Towns, dated
January 24, 2003.
V
RECOMMENDATION: Upon the request of Council, staff will be pleased to,provide recommendations on specific
legislative issues:
SUGGESTED MOTION:
None required.
ADMIN/JCE/02/07 /2003
c�
l
E,GISLATIVE: BULLETIN
- Issue No: �3 ` January 30, 2003
IN" THIS ISSUE State,Shared Revenue Not In
Legislative Budget Plan
State Shared Revenue Not,
In Legislative Budget Plan . 1 Legi lative leadership's proposed budget plan for Fiscal Year 2004 was released
< mmended
on Tuesday 6y the Joint Legislative Budget Committee without any reco
reductions to state shared revenue.'Before going to the Governor, the plan will
Cannell, Soltero Move Ito still need to be debated, possibly amended and passed by the Legislature. The
Senate '� .. 2r: facf',that weare not in the proposed',Legislative or Governors' budget plans is a
r tremendous victory for`cities and 'towns. However; many potential challenges to `
Senate Judie�a Committee. state shared revenue will likely "`surface in the future: While we are not in either
rY,; plan, there are significant differences,between the Legislative and Executive plans
Passes League Anti Terrorism
> ;which signals that next year's budget is far from resolved. .If a prolonged impasse
Resolution `: 2
occurs, alternatives not currently in'either plan will likely need to be considered.
t , This is w ere state shared revenue continues to be vulnerable. Until a viable
Relax It's Not Gong .budget plan that does not include state shared revenue is developed that has
Anywhere 2 ~ enough support from the Legislature and Governor, to be enacted, state shared
t k revenue will continue to be at risks
Cou *il Vacancy Bill Saris A That aside,�it is important to acknowledge the support that we have received from
Through House Utilities & " the Governor and Legislature to date .. The FiscalYear 2004 deficit is estimated to
Municipalities Committee 3 be as high as $I 5 billion; almost 25% of the State's entire general fund.. This is
on top of the six rounds of budget cuts "and fund transfers that have occurred
{ over the last two years to balance the Fiscal Year 2002 and 2003 budgets and a
Wildfire
Ban Bill Advdnees °_, future effort that will be needed _to address a remaining shortfall with the Fiscal
in Senate 3 year 2003 budget. With every, round of cuts and fund transfers, the alternatives
to state shared revenue are becoming fewer`and fewer. However, Governor Janet
New. Bills Introduced Available Napolitano,Senate President Ken Bennett,Speaker of the House Jake Flake;'
on the NET! 3 ; . , Democratic leaders Jack Brown and John Loredo and many ether legislators have
:.,
expressed their support for state shared revenue and have backed their words
with action by not including u`s in their plans. Please let your legislators know
s
League Arizona
that you appreciate the support that they have provided to date
As'mentioned, there are major differences between the Governor and .
Clues AND O W11S ~ Legishtiffes' budget plans' The legislative plan'anticipates les s revenue next year
T than the Governor and calls for a roximatel $500 million less in States spending
PP, Y_.; P g
primarily through state agency budgets, the elimination of certain state pro -
iegisladve Bulletin is Published by the League of Arizona grams and less education spending: The Governor's plan also relies on more rev-
Cities and Towns ward For your comments or suggestions to -
4 enue bortowing calling for more revenue bonding than the Legislature.. The gulf
League of Arizona Citi and Towns between the two plans is exceptionally wide so the possibility of a long drawn out
1820 W. Washington Street ;
PhoejArizona ss007 battle is high.
_ Phone: 602- 258 -5786 0
Fax: 602- 253 -3874 Again, please thank the Governor and Legislators for their support and continue
E -mail; teague@mg state.az. us - to remind them of the budget challenges that you are facing. It is important for
Internet www.azteagne org them to remember that we are already "sharing their pain' as they grapple with
the State budget. - .
Issue No. 3 January 30, 2003 Page 1
MN
J
Cannell Soltero M ove to This legislation began as a League resolution to increas ''•
. - the penalties for trespassing on municipal drinking
S-a nate water facilities: However, after contacting utility compa-
Senators Robert Cannell and former South Tucson Mayor nies the legislation was expanded to include increasing
Victor Soltero.took their oaths of office. in the Senate ahis
structure—This includes and the penalties for trespassing on all critical public infra-
: uprivate utilities;
week to replace Senators Herb Guenther and Ramon P p
Valadez, who have left the Senate to take positions in the telecommunications, law enforcement agencies, fire
Napolitano Administration. Senator Cannell, who was a departments and emergency medical service providers.
member of the House since 2001, now serves as a member The utility companies and Arizona Association of Chiefs
of the Senate Appropriations, Health and Natural of Police are supportive of this bill and the Senate and
Resources & Transportation committees. Senator Soltero, House Republican leadership recently included this bill
also a former member of the House since 2001, is return- as a legislative priority for the session.
ing to the Senate after having previously served from
1991 -2000. Senator Soltero will likely be appointed to the Relax — It's Not Going
Senate Appropriations, Commerce and Rules committees.
Anywhere
The two vacancies left behind in the House of SB 1122. Phoenix Civic Plaza; Revenue Sharing
Representatives are expected to be filled sometime next State Senator Bob Burns has introduced a bill which
week. Senator Cannell's departure has left vacancies in would divert funds from state revenue sharing to the
the House Appropriations, Health and Transportation benefit of the Phoenix Civic Plaza beginning in 2009•.
committees. Senator Soltero leaves the House commit-
tees of Transportation, Government & Retirement and Several of you have called during the last few days after
Utilities & Municipalities. House Minority Leader, John hearing about he bill from reporters:.
Utilities
will make additional - chan � es amon House
g g First, this is not a City. of Phoenix bill. - Senator Burns
Democrat committee membership in order to allow knows that the City does not support his bill; Phoenix
senior members to fill certain committee openings. will be with us in opposing the bill. Second, the
Both Senators have been good supporters of cities and Chairman of the first Committee to which the bill has
towns during their legislative tenure. We congratulate been assigned has assured Phoenix that the bill will not
them on their appointment and look forward to working receive a hearing. That means it is dead, although
with them in the Senate. Senator Burns could bring it back in some other form.
Senator Burns knows or should know that his bill has no
support. We presume his bill is some sort of statement
Senate Judiciary Committee that he does not support f for the Civic Plaza.
Passes League Anti - This would not be a surprise since he was rarely, during
his tenure in the House of Representatives, a supporter
'terrorism Resolution of city related issues.
The Senate judiciary Committee passed legislation on
Wednesday that seeks to deter acts of terrorism on criti The City of Phoenix will be seeking state funding for the
cal public infrastructure. Former Chandler Mayor, expansion of the Civic Plaza but not at the expense of
Senator Jay Tibshraeny, is the sponsor of the bill, SB other cities and towns in the State. We will let you know
1059, which passed by a unanimous vote. The bill will when the City supported bill has been introduced-.
now be debated and voted on before the full Senate.
Legislative Bulletin is pubkshed by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007.
Phone: (602) 258 -5786. Fax (602) 253 -3874. Emaih league@mg.state.az.us. Visit us on the Internet at www.azleague.org.
} Issue No. 3 January 30, 2003 Page 3
Council Vacancy Bill Sails that would otherwise have been spent on paper, copying and
mailing. The process worked so well that we will once again
,,Th o' ugh "HOUse utilities & be posting New Bills to the Internet.
Municipalities Committee:.::
_ By Friday" afternoon of each week, there'will-b' a New Bills
HB 2185; Municipal Common Councils, Vacancies, passed ouYof `Introduced posted on our website until all bills •of municipal
the House Utilities and Municipalities Committee on Wednesday interest have been summarized. `Itwill be posted in two
with an unanimous vote. The bill, sponsored by Representative' forms: a continuous list that will be added to weekly and an
Marian McClure, is a League Resolution introduced by Sierra Vista individual list containing that week's summaries only. Each
which will provide general law municipalities with the option of bill will be linked to the Legislature's website, ALIS (Arizona
filling a council vacancy by appointment until the next regularly Legislative Information. System), where the full bill as well as
scheduled election rather than the current requirement of filling helpful information such as committee assignments, amend-
the vacancy by appointment for the entire duration of the unex- ments, fact sheets and current bill status can be found. This
pired term. The bill moves on to consideration by the House process gives access to more information while keeping costs
Judiciary Committee'. at a minimum.
Each city and town will be able to decide how it wishes to fill We also understand that a paper copy maybe preferable to
vacancies. It can continue to appoint only or do a hybrid system of some of our members. If you would like to receive the New
some appointments and some through election. Bills through mail, fax or email, please let Sandy, our office
manager, know by emailing her at smorari @mg.state.az.us
and stating which way you prefer it delivered.
Wildfire Ban 8111 Advances
in Senate.- The Legislative Bulletin will still be mailed weekly to your
offices throughout session. Only the New Bills Introduced
Senator Jack Brown has introduced legislation (SB 1063) that will•be posted weekly.to our website. If you would like the
increases the penalties for causing wildfires. The bill is in Legislative Bulletin emailed, orfaxed rather.
than mailed,.,
response to.the'disastrous fires this summer, such as the ' please let Sandy know. ,
Rodeo- Chediski fire, of which 85 percentWas attributable to
human action. The legislation increases the penalties for As always, we welcome any comments or concerns regarding
recklessly and intentionally setting wildfires. this process.
The bill passed two Senate Committees this week with wide
support from a variety groups, including the League. On
Tuesday, the bill passed the Senate Natural Resources and
Transportation Committee and was amended to address tech -
nical concerns from stakeholders. The bill passed the Senate
Judiciary Committee unanimously on Wednesday morning.
The bill will now be debated and voted on before the
full Senate.
..New. Bills Introduced
Available on the NET! . •
Last year we decided to save trees and money by putting our y
weekly New Bills Introduced on the League website at -
www.azleague.org. By doing so „we saved thousands of dollars
Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007.
Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league @mg.state.az.us. Visit us on the Internet at www.azleague.org.
r
rte`
LEGISLATIVE BULLETIN
Issue No: 4 February 6 2003
Budget Battle Currently it the
N IHI&I ISSUE Eye of the `Storm
No significant developments occurred regarding the State's budget this week as
Budget Battle" Currently in the Governor and individual legislators started to prepare their responses to the
budget plan released_ by the Joint Legislative Budget Committee (JLBC) lastweek.
the of the Storm .....1 An year's bu
approximate $350 million shortfall in the current get" and a short-
fall projected to be as high as $1.5 billion for Fiscal Year 2004 will need to be
`addressed..>=
May
ayor Lopez Testifies No schedule has been set for the Legislature to consider and approve a budget ,
on Border Cities
plan, however, the JLBC proposal will serve as the starting point for the legisla-
Legislation . .
tors' deliberations. Many legislators from both political parties have expressed
concerns
,with various aspects of the JLBC 'plan and fully expect that the budget
'!
proposal that eventually .led ves the Legislature will look significantly different
than the current JLBC plan: While the fireworks between the Legislature and
Process Server Bill Moves � r � . � ° -
a Governor have not started I' earnest, d
- A in their two�plans exist
Out of Committee . i . 2�`r
whrch set up the potential for a very prolonged budget battle this year Here are
'a the - rt r `ic t
r n major differences k
x r�
.. _ {
M The Governor's revenue forecast is higher for the upcoming year so she has'
Our Congratulafions' to planned. for a state operating b udget of $6.7 billion while the JLBC plan sets
the State Senates
spending at approximatel ll In eral, the Governor places more of . .
y$6.1 biion. gen
a n emphasis on generating additional revenue through revenue bonding, a tax
amnesty program, and other efforts`to enhance tax collections. She 'anticipates
t raising $341 million'through the sale of state assets and by selling and leasing
back some state facilities: She' also includes an additional $95:' rillion in savings"
for an education rollover, which will utilize Fiscal Year 2005 revenue to pay for
some Fiscal Year 2004 education expenses.
League. Of Arizona. ` The JLBC plan places a higher emphasis on spending cuts by denying a 2% infla - .
tion adjustment for education, the elimination or reduction of various state pro
}
grams and shifting certain state agencies to `zero -based budgets. Most
i t �ND�OWn� sialto cities and towns are fund t from a wide arrayof funds including
the Highway User Revenue Fund (HURF), Heritage Fund, Enhanced 911 and
tegisi�me sniletin is published by the a o f Arizona State Aviation Fund. The Governor's plan also calls for transfers from the HURT
Cities and T °Wns. Forward yob °�nme °u or suggestions t° - and State Aviation Fund but not tor the extent of the JLBC plan. The JLBC plan
Leagae of Arizona cites ana Towns calls for selling more state assets than the Governor's plan and calls for a lesser
1820 w wash;,, °n street amount of.revenue bonding restricting the use of bonding to correcting school,
Phoenix, Arizona 85007 -' deficiencies. The JLBC plan also calls for no tax increases.
Phone: 02-258-5786 �.
Fax: 602 -253 -3874
E- mail: stattaz e
ns Again, the JLBC budget proposal is the starting point for the debate in the'
Internet: www azteagueorg ; - L egislature and not the end product. Yet it is anticipated that when the
CONTINUED ON PAGE 2
Issue No. 4 Februory 6, 2003 Page 1 '
Legislature does pass a budget, it will still vary widely from the Arnold, cosponsored the bill. During the hearing, Peoria City
Governor's plan. Asa result, a lengthy budget impasse is highly Attorney Steve Kemp provided expert testimony regarding current
likely to occur practices and the positive impact that this bill would have on
police resources.
The good news is that state shared revenue continues to be out of
all the proposed plans for next year's budget. We will not-be The bill will enable police aides to serve process -in municipal
entirely in the clear until a final plan is enacted that does not courts rather than having sworn officers called in from patrol to
include us, but the fact that we have not been targeted to date is do so. The City of Peoria brought this legislative proposal forward
very encouraging. Please continue to thank the Governor and as a League Resolution due to the numerous times that municipal
your Legislators for their efforts to protect state shared revenue judges have before them individuals who need to be served
and continue to remind them of the budget challenges that you are process on other matters. As currently authorized, a sworn officer
also experiencing. or private licensed process server are the only options that cities
have to serve process. Granting the option to use police aides, at
j the discretion of the police department, makes common sense and
Mayor Lopez Testifies on keeps sworn officers on the streets patrolling our neighborhoods
Border Cities Legislation and answering public calls for assistance.
Nogales.Mayor and League Executive Committee member, Marco The bill next goes.to the House Transportation Committee for con-
Lopez, testified in the House Utilities and Municipalities sideration.
Committee on Wednesday on a League resolution impacting bor-
der cities. HCR 2006 allows a border city or town to include one Our Congratulations t o
half of the average daily number of border crossers in the city or
town's. population estimate for the purpose of expenditure limits. the State Senate!
The resolution was sponsored in the Resolutions Committee by }
We Cities of Nogales and Douglas. This, legislation gives border Monday was.the deadline for introduction of bills in the State
cities the same authority to include border crossers that border Senate, and we to offer the Senators our congratulations..
counties received at the Legislature last year. They saved a tree"or two and eyestrain for all of us legislative
watchers by introducing a record-LOW number of bills.
Mayor Lopez spoke about the tremendous impact of border
crossers on the infrastructure of border cities and towns and the Whether due to the significant number of new members or the
requirement of these municipalities to provide public services to dominance of the budget issue, the fewest number of Senate bills
the border crossers in addition to their own residents. The bill will since the 1980's were introduced. The total number of Senate bills
enable Bisbee, Douglas, Nogales, San Luis and Somerton to par- was 357, which is far below the average number of 493 from the
tially include the border crossers when calculating their expendi- preceding five years. - -- -
ture limits. It passed the House Utilities and Municipalities
Committee as its first Committee test and will be heard next in the With two business days left until the House bill - filing deadline on
House Appropriations Committee. February 10th and only 420 bills introduced to date, it is expected
that the House bills will be below average as well. As a result, the
total number of bills introduced for the entire Legislature will be
Process Server Bill Moves much less than the average 1200 -1400 that will be introduced in
ut of CO111111 ilea any given year. This may in turn mean that fewer bills will actual-
ly be passed into law, saving even more trees and taxpayers the
On Wednesday, HB 2333, Service of Process; Municipal Courts,
expense of printing them and enforcing them.
passed the House Utilities and Municipalities Committee. The
Committee Chairman, Representative John Nelson, sponsored the
bill and spoke favorably regarding its provisions in the committee
deliberations. Former Goodyear Mayor, Representative Bill
Legislative Bulletin is published by The League of Arizona Cities. and Towns, 1820 W. Washington Street, Phoenix, A2 85007.
Phone: (602) 258 -5786. Fax (602) 253 -3874. Entail: league@mgstate.az.us. Visit us-on the Internet at www.azleague.org.